Destruction of Disease-Bearing Insects Act |
(CHAPTER 79) |
(Original Enactment: Act 26 of 1968)
REVISED EDITION 1985 |
(1st September 1968) |
An Act to provide for the destruction of disease-bearing insects and for the medical examination and treatment of persons suffering from insect-borne diseases and for matters connected therewith. |
[1st September 1968] |
Short title |
1. This Act may be cited as the Destruction of Disease-Bearing Insects Act. |
Interpretation |
2. In this Act, unless the context otherwise requires —
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Administration of this Act |
Deputy Commissioner or Assistant Commissioner of Public Health to have powers of Commissioner |
4. A Deputy Commissioner of Public Health and an Assistant Commissioner of Public Health shall have and may exercise all the powers conferred on the Commissioner under this Act, subject to such limitations as the Commissioner may consider fit to impose. [28/73] |
Power to enter and examine premises, etc. |
5.—(1) The Commissioner, a Medical Officer of Health or a public health auxiliary may, between the hours of 6 a.m. and 6 p.m., with or without assistants, enter and examine any premises or vessel and, subject to such directions as the Commissioner may give, either generally or to meet the circumstances of a particular case, ascertain whether the premises or vessel or anything therein is in a condition favourable to the propagation or harbouring of disease-bearing insects and carry out, where necessary, the spraying of the premises or vessel with insecticides; and the Medical Officer of Health may, in addition —
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Prohibition on creating conditions favourable to disease-bearing insects |
6.—(1) No person shall take, do or perform any act or thing which may, or be liable to, create such conditions as may be favourable to the propagation or harbouring of disease-bearing insects.
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Prohibition on breeding, etc., of disease-bearing insects without permission |
7.—(1) No person shall breed, keep, collect, distribute, sell, import or export any disease-bearing insects without the permission in writing of the Commissioner or a Medical Officer of Health.
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Approval to be obtained for operations likely to propagate disease-bearing insects |
8.—(1) No person may undertake, execute or carry out any building, land development, land reclamation, excavation, quarrying or other operations as appear likely to create conditions which may be favourable to the propagation or harbouring of disease-bearing insects unless the plans for the building, land development, land reclamation, excavation, quarrying or other operations have been approved in writing by the Commissioner or a Medical Officer of Health who may in granting such approval, impose such condition or conditions as he may consider necessary for the purposes of this Act.
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General power of Commissioner and Medical Officer of Health to direct the taking of specified measures |
9.—(1) Where it appears to the Commissioner or a Medical Officer of Health that any premises or anything therein is or may become favourable to the propagation or harbouring of disease-bearing insects, he may, by order in writing addressed to the owner or occupier of the premises, direct the owner or occupier to take such specified measure or measures with regard to the premises or for the treatment, destruction or removal of anything therein as may bring them into a condition unfavourable to the propagation or harbouring of disease-bearing insects.
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Prohibition on clearing undergrowth under certain circumstances, permitting holes likely to hold water to remain, etc. |
10.—(1) Where on any land there is any stream or seepage or running or standing water to which shade may be afforded by the development of undergrowth or other vegetation, no person shall cut down or clear or cause or permit to be cut down or cleared any undergrowth or vegetation within 6 metres of any such stream or seepage or running or standing water without the previous sanction of the Commissioner or a Medical Officer of Health.
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Power to take certain measures to destroy disease-bearing insects, etc. |
11. The Commissioner or a Medical Officer of Health or a public health auxiliary may, with the consent of the occupier of any premises, or after 3 days’ notice in writing to the occupier of any premises if the consent is in the opinion of the Commissioner or a Medical Officer of Health unreasonably withheld, take such measures as are reasonably necessary —
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Medical examination of persons suspected of being infected with insect-borne disease |
12.—(1) A Medical Officer of Health may require any person suspected of being infected with insect-borne disease to submit to medical examination, including the examination of the person’s blood; and, if the person is found to be infected, the Medical Officer of Health may require the person to undergo treatment. The Medical Officer of Health may, in his discretion, require such treatment to be obtained at a Government hospital.
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Spraying with insecticide |
13.—(1) The Commissioner or a Medical Officer of Health may require the spraying, with any form of insecticide he may think fit, of any pond, well, pool or other body of water or any premises or vessel or any stable, pigsty, cattle shed, chicken coop or other place or structure used for the shelter of animals, and may, if he considers it necessary, either carry out the spraying after giving due notice to the owner or occupier thereof or require the owner or occupier to carry out the spraying.
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Demand for information |
14.—(1) If, in the opinion of the Commissioner or a Medical Officer of Health, there is reasonable ground for suspecting that any person is in possession of information relating to the propagation of disease-bearing insects or of the occurrence of disease due to disease-bearing insects, the Commissioner or the Medical Officer of Health may require that the information be produced to him.
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Enforcement of order |
15.—(1) If the owner or occupier of any premises on whom an order made under section 9(1), (3) or (4) has been served fails to comply with the terms thereof, the Commissioner or a Medical Officer of Health or a public health auxiliary may enter upon or into the premises with such assistants and things as are necessary and may perform and do thereon or therein all acts and things required by that order to be performed or done, and the costs and expenses thereof, if any, shall be recoverable from the owner or occupier of the premises by the Commissioner or a Medical Officer of Health.
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Service of orders |
16.—(1) Every order required by this Act or any rules made thereunder to be served on any person may be served —
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Appeals to Minister against orders |
17.—(1) Where an owner or occupier of any premises is of the opinion that any order which is made under this Act and which affects him or anything proposed to be done in the premises is unreasonable or unnecessary, he may, within 14 days of the date 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.
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Persons unable to meet necessary expenditure |
18. If it appears to the Commissioner or a Medical Officer of Health after due inquiry that any person has not the means to meet the necessary expenses of doing anything required to be done by him under this Act, the necessary expenses may be paid out of the Consolidated Fund. |
No compensation |
19. 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 rules made thereunder unless the damage has been occasioned maliciously or without reasonable cause. |
Duty of owner and occupier to protect works for preventing the breeding of disease-bearing insects |
20.—(1) Where the Commissioner or a Medical Officer of Health or any department of the Government 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 that is likely to cause or has caused the deterioration of, or to lessen the efficiency of, the works.
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Names and addresses of certain persons to be given on demand |
21.—(1) A person who is charged by the Commissioner, a police officer, a Medical Officer of Health or a public health auxiliary with an offence under this Act or any regulations made thereunder shall, on demand, give his name and address and such other proof of identity to the Commissioner, police officer, Medical Officer of Health or public health auxiliary, as may be required.
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Powers of arrest |
22.—(1) The Commissioner, a police officer, a Medical Officer of Health or a public health auxiliary, as the case may be, may arrest without warrant any person referred to in section 21 whom he has charged with an offence under this Act or any regulations made thereunder if that person —
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Notice to attend court |
23.—(1) Where it appears to the Commissioner, a police officer, a Medical Officer of Health or a public health auxiliary that any person has committed or is guilty of an offence under this Act or any regulations made thereunder, the Commissioner, police officer, Medical Officer of Health or public health auxiliary may, in his discretion, serve upon the person a notice in such form as may be prescribed under section 31(1), requiring the person to attend at the court described, at the hour and on the date specified in the notice.
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Evidence |
24.—(1) A document purporting to be a report under the hand of a Medical Officer of Health, an entomologist in the service of the Government or a Public Health Engineer appointed under section 4 of the Environmental Public Health Act [Cap. 95] upon a matter or thing duly submitted to him for examination, analysis or report shall be admissible as evidence in any proceedings under this Act or any regulations made thereunder and shall be prima facie evidence of the facts stated therein, unless the court or the accused requires him to be called as a witness.
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Penalty for default |
25.—(1) Any owner or occupier of any premises, on whom any order made under section 9 has been served, who refuses, fails or neglects to comply with any of the terms thereof shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both, and to a further fine not exceeding $100 for every day during which the offence continues after conviction.
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Penalty for obstructing Commissioner, etc. |
26. Any person who obstructs the Commissioner or a Medical Officer of Health or a public health auxiliary or any person engaged in carrying out the provisions of this Act in any act authorised by or under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both. [22 |
Penalty for damaging works executed by Commissioner or Medical Officer of Health |
27. Any person who, without the consent of the Commissioner 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 Commissioner or a Medical Officer of Health, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000; and the Commissioner or a Medical Officer of Health may in addition 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 re-executing the works or replacing the materials or things so interfered with, damaged, injured, destroyed or rendered useless. [23 |
Commissioner or Medical Officer of Health may invoke police assistance for entry into premises |
28. Where the Commissioner or a Medical Officer of Health considers it necessary to enter into any premises for the purpose of carrying out the provisions of this Act, he may require the assistance of a police officer not below the rank of inspector and the police officer shall render such assistance as may be necessary for the purpose. [24 |
Compounding of offences |
29.—(1) The Commissioner or any public officer authorised in writing in that behalf by the Minister may compound any offence under sections 6, 7, 8, 10 and 13 or under any regulations made under this Act as may be specified in such regulations as being an offence which may be compounded by accepting from a person reasonably suspected of having committed such offence a sum of money not exceeding $500.
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Act to apply to all property including that of Government |
30. Subject to section 20, this Act shall apply to all property of every description including that belonging to, vested in or maintained by the Government. [26 |
Regulations |
31.—(1) The Minister may make regulations for carrying out the purposes of this Act.
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Forms |
32. The Commissioner may design and utilise such forms as he may think fit for any of the purposes of this Act and any regulations made thereunder, and may require any person to complete any of the forms for any such purposes. [27A [28/73] |