Destruction of Disease-Bearing Insects Bill

Bill No. 29/1968

Read the first time on 10th July 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, and to repeal the Destruction of Mosquitoes Ordinance (Chapter 139 of the Revised Edition).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows: —

Short title and commencement

1. This Act may be cited as the Destruction of Disease-Bearing Insects Act, 1968, and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Interpretation

2. In this Act, unless the context otherwise requires —

“Commissioner” means the Commissioner of Public Health appointed under the provisions of section 4 of this Act and includes a Deputy Commissioner of Public Health or an Assistant Commissioner of Public Health appointed under the said section;

“Director” means the Director of Medical Services and includes the Deputy Director of Medical Services in charge of the Public Health Division of the Ministry of Health;

“disease-bearing insect” includes 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;

“Medical Officer of Health” means any registered medical practitioner in the service of the Government who is for the time being carrying out the duties of a Health Officer in any area or district in Singapore or the port limits thereof, and includes the Airport Health Officer, the Port Health Officer and any registered medical practitioner in the service of the Government who is engaged in vector control duties;

“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” 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, and includes the Government;

“premises” means messuages, buildings, lands, easements and hereditaments of any tenure, whether open or enclosed, whether built on or not, whether public or private, and whether maintained or not under statutory authority, 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;

“public health auxiliary” means a public health inspector, public health assistant or public health overseer in the service of the Government, or other public officer authorised by the Director to carry out the duties imposed upon a public health auxiliary by or under this Act;

“vessel” includes all classes of ships and aircraft.

Director to have the superintendence of this Act

3.—(1) The Director shall have the superintendence of all matters relating to this Act, subject to the general or special directions of the Minister.

(2) The Director and any Senior Health Officer shall have and may exercise all the powers conferred on the Commissioner and on a Medical Officer of Health by or under this Act.

(3) The Minister may, in his discretion, by writing under his hand, invest any medical practitioner in the service of the Government with all or any of the powers conferred on a Medical Officer of Health by or under this Act.

Appointment of Commissioner, Deputy Commissioners and Assistant Commissioners of Public Health

4.—(1) The President may, by notification in the Gazette, appoint an officer to be styled the Commissioner of Public Health, and such number of Deputy Commissioners of Public Health and Assistant Commissioners of Public Health as he may think fit.

(2) The Deputy Commissioners of Public Health and Assistant Commissioners of Public Health shall have and may exercise all the powers conferred on the Commissioner by or under this Act, subject to such limitations as the Commissioner may deem fit to impose.

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 six o’clock in the morning and six o’clock in the evening, with or without assistants, enter and examine any premises or vessel and, subject to such directions as the Director may give, either generally or to meet the circumstances of a particular case, ascertain whether such 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 such premises or vessel with insecticides; and the Medical Officer of Health may, in addition —

(a)	medically examine any person in such premises or vessel 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;
(b)	medically treat any person residing in such premises or vessel who is suffering from any insect-borne disease;
(c)	cause a post-mortem examination to be made on any corpse found in such premises or vessel for the purpose of ascertaining whether the cause of death has been due to any insect-borne disease:

Provided that no person shall, unless with the consent of the occupier thereof, enter any house by virtue of the powers conferred by this section without at least twelve hours’ previous notice being given to the occupier thereof, if any:

And provided further that where it is necessary and expedient for such functions to be carried out outside the hours specified in this subsection, the Commissioner or a Medical Officer of Health may enter the premises for the purpose thereof only after giving at least twenty-four hours’ previous notice to the occupier thereof, if any.

(2) Subject to such notice, the owner and the occupier of any premises shall permit the Commissioner or a Medical Officer of Health or a public health auxiliary, with or without assistants, to have access to such premises and to any part thereof for the purposes of subsection (1) of this section, and shall supply all such information as the Commissioner or the Medical Officer of Health or the public health auxiliary may require or as he may consider to be reasonably necessary for such purpose.

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.

(2) Every person shall comply with all such reasonable directions as may be given by the Commissioner or a Medical Officer of Health or a public health auxiliary with a view to ensuring that such conditions do not arise or with a view to terminating such conditions.

(3) Such directions may be given to the owner or occupier of any premises and to any person therein, including his agents and servants.

(4) Any person who contravenes any of the provisions of subsection (1) or (2) of this section shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding three months, and in the case of a second or subsequent conviction to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.

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.

(2) Any permission granted under the provisions of subsection (1) of this section —

(a)	shall be at the discretion of the Commissioner or a Medical Officer of Health upon his being satisfied that the application therefor has been made for a scientific purpose or for purposes of education or research or for other good cause acceptable to him;
(b)	may be subject to such conditions as the Commissioner or a Medical Officer of Health may deem fit to impose; and
(c)	may be revoked at any time by the Commissioner or a Medical Officer of Health without assigning any reason therefor.

(3) Any person who contravenes any of the provisions of subsection (1) of this section or commits a breach of any condition imposed under the provisions of paragraph (b) of subsection (2) of this section shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding one thousand dollars, and in the case of a second or subsequent conviction to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.

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 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 such building, land development or other operations have been approved in writing by the Director, the Commissioner or a Medical Officer of Health who may, in granting such approval, impose such condition or conditions as he may deem necessary for the purposes of this Act.

(2) Any person who undertakes, executes or carries out any building, land development or other operations in contravention of the provisions of subsection (1) of this section or who refuses, fails or neglects to comply with any condition imposed under the provisions of the said subsection shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding three months, and in the case of a second or subsequent conviction to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.

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 such premises, direct such 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.

(2) The Commissioner or a Medical Officer of Health may, in any such order, direct —

(a)	the date on or before which any such specified measure shall be commenced and the period within which any such specified measure shall be completed;
(b)	that any such specified measure shall be taken at specified intervals over a specified period of time; or
(c)	that any such specified measure shall be commenced within a specified period of time and continued until such time as the premises or anything therein is no longer favourable to the propagation or harbouring of disease-bearing insects.

(3) The Commissioner or a Medical Officer of Health may, by order in writing, direct the occupier of any premises so to cover, within a specified time, and keep continuously covered any specified tank, cistern, receptacle or any manner of container whatsoever in or appertaining to the premises, that disease-bearing insects shall be unable to enter therein, and where any premises are unoccupied, such order may be addressed to the owner thereof as if he were the occupier.

(4) In particular and without prejudice to the generality of the powers aforesaid, the Commissioner or a Medical Officer of Health may, in any such order, direct the owner or occupier to drain any land, or to fill up inequalities in the surface thereof to a specified level so as to prevent the breeding of disease-bearing insects or so as to keep the land permanently free from standing water to an extent specified in such order.

(5) Notwithstanding the provisions of subsections (1), (3) and (4) of this section, the Commissioner or a Medical Officer of Health may, in his discretion, if in his opinion the circumstances so warrant, himself cause any measure or work specified in the said subsections to be done instead of proceeding by way of order in writing addressed to the owner or occupier of the premises concerned, but in every such case the Commissioner or the Medical Officer of Health shall notify such owner or occupier as to the nature of the measure or work that is so intended to be done.

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 twenty feet of any such stream or seepage or running or standing water without the previous sanction of the Commissioner or a Medical Officer of Health.

(2) No owner or occupier of any premises, including any agricultural holding, shall permit any hole or depression likely to hold water to remain in or upon the land owned or occupied by him for a longer period than seven days from the time when such hole or depression was made, whether such hole or depression was made in the course of clearing, planting or other agricultural operation or by the fall of any tree or in any artificial manner whatsoever, and every such owner or occupier shall fill or cause to be filled in any such hole or depression to the level of the surrounding ground within seven days of the making of such hole or depression.

(3) Any owner or occupier of any agricultural holding who intends to cut down or clear any jungle, undergrowth or other vegetation for the purpose of planting or re-planting such holding or who intends to make holes in the ground for the purpose of such planting or re-planting shall notify the Commissioner or a Medical Officer of Health in writing of his intention so to do not less than fourteen days before the commencement of the operations.

(4) Any person who contravenes any of the provisions of this section shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding three months, and in the case of a second or subsequent conviction to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.

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 three days’ notice in writing to the occupier of any premises if such consent is in the opinion of the Commissioner or a Medical Officer of Health unreasonably withheld, take such measures as are reasonably necessary —

(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 be harboured;
(d)	to bring any water or swamp into a condition unfavourable to the propagation or harbouring of disease-bearing insects;
(e)	to fill with concrete or otherwise treat holes or hollows in trees which hold or are likely to hold water; and
(f)	generally to prevent the propagation of disease-bearing insects.

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 such person’s blood; and, if such person is found to be infected, the Medical Officer of Health may require such person to undergo treatment. The Medical Officer of Health may, in his discretion, require such treatment to be obtained at a Government hospital.

(2) Any person who refuses, fails or neglects to comply with any requisition made in pursuance of subsection (1) of this section shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding two thousand dollars.

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 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 such spraying after giving due notice to the owner or occupier thereof or require such owner or occupier to carry out such spraying.

(2) Any person removing or rendering less effective any insecticide so sprayed or refusing, failing or neglecting to comply with any requisition made in pursuance of subsection (1) of this section shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding three months, and in the case of a second or subsequent conviction to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.

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 such information be produced to him.

Enforcement of order

15.—(1) If the owner or occupier of any premises on whom an order made under subsection (1), (3) or (4) of section 9 of this Act 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 said premises with such assistants and things as are necessary and may perform and do thereon or therein all acts and things required by the said order to be performed or done, and the costs and expenses thereof, if any, shall be recoverable from the owner or occupier of such premises by the Commissioner or a Medical Officer of Health.

(2) Where the Commissioner or a Medical Officer of Health himself causes any measure or work to be done under the provisions of subsection (5) of section 9 of this Act, any costs and expenses thereof shall be recoverable by him from the owner or occupier of the premises concerned.

(3) If the amount of costs and expenses payable under subsection (1) or (2) of this section is not paid by the party liable to pay the same within seven days after demand, such amount may be reported to a Magistrate’s Court and recovered in the same manner as if it were a fine imposed by such Court.

(4) Where a person sells or transfers any property in respect of which costs and expenses have been incurred by the Government 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 such transfer.

(5) Nothing in this section shall affect the liability of the purchaser or transferee to pay such costs and expenses in respect of such property or the right of the Government to recover such costs and expenses or to perform any obligations under this Act.

(6) Nothing in this section shall affect the liability of any person to prosecution and punishment under this Act.

(7) For the purposes of this section “costs and expenses” means the whole of the costs and expenses incurred unless the Commissioner or a Medical Officer of Health, in his discretion, specifies in writing to the party liable to pay the same that he is prepared to accept a lesser amount as being just and proper having regard to all the circumstances of the case.

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 —

(a)	by delivering the same to such person or by delivering the same at the last known place of abode of such person to some adult member or servant of his family;
(b)	by leaving the same at the usual or last known place of abode or business of such person in a cover addressed to such person; or
(c)	by forwarding the same by post in a pre-paid letter addressed to such person at his usual or last known place of abode or business.

(2) An order required by this Act or any rules made thereunder to be served on the owner or occupier of any premises shall be deemed to be properly addressed if addressed by the description of the “owner” or “occupier” of such premises without further name or description.

(3) An order required by this Act or any rules made thereunder to be served on the owner or occupier of any premises may be served by delivering the same or a true copy thereof to some adult person on the premises or, if there is no such person on the premises to whom the same can with reasonable diligence be delivered, by affixing the order to some conspicuous part of the premises.

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 such premises is unreasonable or unnecessary, he may, within fourteen days of the date of such 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 thing shall be proceeded with, varied or abandoned, as the case may be, or make any order which the Commissioner or a Medical Officer of Health is competent to make under this Act, and the decision of the Minister thereon shall be final and shall not be called in question in any court.

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, such 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 rule made thereunder unless such 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 such works stand shall prevent such premises from being used in any manner whatsoever that is likely to cause or has caused the deterioration of, or to lessen the efficiency of, such works.

(2) Where any such 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 such premises shall, subject to the provisions of subsection (4) of this section, be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding two thousand dollars; and the Commissioner or a Medical Officer of Health may enter upon the premises with such assistants and things as are necessary and execute any necessary repairs or work thereon and 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 thereby incurred.

(3) Before any proceedings are taken under this section, written notice shall be given by the Commissioner or a Medical Officer of Health to the owner or occupier, as the case may be, specifying what the Commissioner or the Medical Officer of Health requires to be done or not to be done and giving such time as the Commissioner or the Medical Officer of Health deems necessary in a particular case for compliance therewith.

(4) If the owner of such premises is by reason of any legal contract (not being a contract made with an intention to evade liability under this section) prevented from entering upon such premises to carry out the duties and obligations mentioned in subsection (1) of this section, he shall not be liable to any of the penalties mentioned in subsection (2) of this section, unless it can be shown that he has contributed in any way to the refusal or failure of the occupier to carry out such duties and obligations.

(5) In this section, the word “owner” shall not include the Government.

Penalty for default

21.—(1) Any owner or occupier of any premises, on whom any order made under section 9 of this Act has been served who refuses, fails or neglects to comply with any of the terms thereof shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding three months or to both such fine and imprisonment, and to a further fine not exceeding one hundred dollars for every day during which the offence is continued after conviction.

(2) No owner or occupier shall be punishable under this section for neglect to comply with any order in respect whereof he has appealed as provided in section 17 of this Act unless such order has been confirmed on appeal.

Penalty for obstructing Commissioner, etc

22. 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 under this Act and shall be liable on conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding three months or to both such fine and imprisonment.

Penalty for damaging works executed by Commissioner or Medical Officer of Health

23. 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 under this Act and shall be liable on conviction to a fine not exceeding two thousand dollars; 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.

Commissioner or Medical Officer of Health may invoke police assistance for entry into premises

24. 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 such police officer shall render such assistance as may be necessary for the purpose.

Compounding of offences

25.—(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 of this Act 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 five hundred dollars.

(2) On payment of such sum of money, no further proceedings shall be taken against such person in respect of such offence.

Act to apply to all property including that of Government

26. Save as provided in section 20 of this Act, this Act shall apply to all property of every description including that belonging to, vested in or maintained by the Government.

Regulations

27.—(1) The Minister may make regulations for carrying out the purposes of this Act.

(2) All regulations made under this section shall be published in the Gazette and shall be presented to Parliament as soon as may be after publication.

Transitional provision

28. Any order made under the Destruction of Mosquitoes Ordinance (Cap. 139) shall continue and be deemed to have been made under this Act.

Repeal

29. The Destruction of Mosquitoes Ordinance (Cap. 139) is hereby repealed.

Search within Legislation