Local Government Act 1976 [Act 171]

Part IX   cite [+]

FOOD, MARKETS, SANITATION AND NUISANCES

72 Powers   cite [+]

(1) A local authority shall have power to do all or any of the following things, namely:

(a) to establish, maintain and carry out such sanitary services for dealing with effluent;

(b) to establish, erect, maintain, let, control and manage markets and market buildings, lodging houses, houses, rooms or buildings kept for public refreshment, shops, stalls and stands, and to control the occupation and use thereof;

(c) to license temporary buildings, stalls, tables, showboards, barrows, carts, tricycles or other receptacles, whether stationary or otherwise, set up or used for the sale or exposing for sale of-

(i) any food or drink in streets, public places or places of public resort or on private premises;

(ii) goods other than food or drink in streets, public places or places of public resort, and to seize, destroy or dispose of the same if they are not so licensed;

(d) to establish, erect and maintain public lavatories, closets and urinals, either above or below ground, in any public place;

(e) to establish, erect, maintain and control abattoirs, whether within or without the local authority area;

(f) to safeguard and promote the public health and to take all necessary and reasonably practicable measures-

(i) for preventing the occurrence of any infectious, communicable or preventable disease;

(ii) (Deleted by Act A1311);

(iii) for preventing the occurrence of, or for remedying or causing to be remedied, any nuisance or condition likely to be injurious or dangerous to health;

(g) to establish, erect, equip, maintain, control and operate cold storage works and depots for the inspection of meat;

(h) to establish, erect, equip, maintain, control and operate depots for the inspection, treatment, distribution, purchase and sale of milk or milk products;

(i) to establish, acquire, erect, maintain, control and operate laundries and places for washing clothes; and

(j) to establish, erect, maintain, control and operate disinfecting stations.


(2) For the purposes of sections 72 and 73, effluent shall not include sewage.

73 By-laws   cite [+]

(1) A local authority may from time to time make, amend or revoke by-laws for the better carrying out of the provisions of this Act and in particular-

(a)

(i) to establish, maintain and compel the use of any service for dealing with effluent and to require the owners or occupiers of any premises to effect such dealing and to regulate and control the manner thereof;

(ii) to keep public places clean and free from liquid waste and to prohibit the throwing, dropping, depositing or discharging of flushing water or other liquid waste, into any stream, channel or other water course, and prevent such liquid from flowing into any such place, and to regulate or prohibit the bathing or washing of persons, animals or things in any such place;

(iii) to prohibit, remove, abate and prevent the occurrence of nuisances:

Provided that in any case where it appears that a nuisance existing within the local authority area is wholly or partly caused by some act or default outside the local authority area, proceedings may be taken against any person in respect of such act or default in the same manner and with the same incidence and consequences as if the act or default were wholly within the local authority area;

(iv) to secure the proper construction of stables, goatpens, cattle sheds, pigstyes and poultry houses, and to prevent the keeping of birds or animals on premises which are not constructed in accordance with the by-laws or are so constructed or situated that birds or animals if kept therein are likely to cause a nuisance, and to prohibit the keeping of birds or animals on any premises which the Health Officer certifies to be so situated as to be unfit for the purpose;

(v) to prohibit the feeding or grazing of any animals in any place other than those set apart for such purpose;

(b)

(i) to preserve the public health;

(ii) to prevent the outbreak and spread of diseases, to declare what diseases are notifiable, and to provide for the compulsory removal of persons suffering from any such disease to suitable hospitals or places of isolation and their detention and treatment therein where, in the opinion of the Health Officer, such removal, detention and treatment are necessary either for the protection of the public health or by reason of the insufficiency or unsuitability of the patient's lodging or accommodation;

(iii) to regulate and enforce quarantine, the disinfection of persons, the disinfection of places and things, and to authorize the seizure and detention and to ensure the destruction, when in the opinion of the Health Officer such destruction is necessary, of articles which are infected or which have been exposed to infection, upon payment of compensation to the owner thereof, such amount to be settled by agreement or arbitration;

(iv) to provide for penalties for failing to give on demand by the Health Officer any information or to produce any documentary or other evidence required by the Health Officer for the purpose of tracing the source and preventing the spread of infection;

(v) to require the closing of schools or trade premises which are suspected of being or are likely to become sources of infection, and to prohibit persons who are or are suspected of being or are likely to become infected from carrying on any trade or business or engaging in any occupation which may cause the spread of any disease;

(vi) to require persons arriving in the local authority area from places infected, or suspected of being infected, with any notifiable disease, or by any vessel, aircraft or other means of conveyance so infected or suspected of being infected, to report to the Health Officer and to communicate to him such information as may be prescribed;

(c)

(i) to provide for the inspection and examination of any article of food or drink or of ice which is for sale;

(ii) to regulate, control, inspect and supervise the manufacture, preparation, storage, handling, transmission and conveyance of any article of food or drink or of ice which is for sale;

(iii) to prohibit the introduction into the local authority area, the possession, sale or offering for sale for the purpose of human consumption or the handling other than for the purpose of destruction, of diseased animals, birds, meat or fish or of fruits, vegetables or other articles of food or drink which are unsound, unwholesome or otherwise unfit for human consumption;

(iv) to authorize the seizure, inspection and examination and to ensure the destruction, when in the opinion of the Health Officer such destruction is necessary, of any diseased animals, birds, meat or fish or of fruits, vegetables or other articles of food or drink which are unsound, unwholesome or otherwise unfit for human consumption;

(v) to provide for the detention pending examination or inquiry of animals, birds or other articles of food or drink or of ice;

(d)

(i) for regulating the control and use of markets and the buildings, shops, sheds, stalls, pens and any other erections therein and for preventing nuisances or obstructions therein or in the immediate approaches thereto;

(ii) for providing standard weights, scales and measures for use in markets and for preventing the use therein of false or defective weights, scales or measures;

(iii) (Deleted by Act A1311).

(iv) for licensing or otherwise controlling persons selling or offering for sale any article whatsoever in markets;

(v) for prescribing the fees to be paid for licences for operating markets and for offering articles for sale therein;

(vi) for regulating the days upon and the hours during which markets may be held;

(vii) for prohibiting the establishment of any market within a local authority area without the permission of the local authority and for prescribing the conditions and restrictions subject to which such permission may be granted;

(e) to regulate the slaughtering of animals and to provide for the establishment, control, supervision and inspection of abattoirs within the local authority area and for-

(i) the inspection of animals before being slaughtered and of their carcasses;

(ii) the detention for observation and treatment of animals brought for slaughter and suspected of being diseased;

(iii) the slaughtering of animals brought to be slaughtered which are diseased or by reason of emaciation or otherwise are in the opinion of the Health Officer or Veterinary Officer unfit for human consumption;

(iv) the disposal of the carcasses of diseased animals;

(v) the marking of the carcasses of animals slaughtered in abattoirs to denote that such animals have been so slaughtered;

(vi) the prohibition of the slaughtering of animals within the limits of the local authority area otherwise than in an authorized abattoir or place;

(vii) the prohibition, except with a permit granted by he local authority, of the introduction into the local authority area for human consumption of the meat of any animal slaughtered outside the local authority area;

(viii) the entry by any authorized officer of the local authority by day or night into any premises in which he has reason to believe that any animal is likely to be, is being or has been slaughtered in contravention of the provisions of any by-laws;

(f) to regulate, inspect, supervise and license temporary buildings, stalls, tables, show-boards, barrows, carts, tricycles and other receptacles and to seize, destroy or dispose of the same when not so licensed;

(g) to regulate, supervise and license pedlars, hawkers and street traders and to prescribe streets or areas in which peddling, hawking or street trading shall be prohibited;

(h) to regulate and control the use of public baths, washhouses, laundries and places for washing clothes, established by the local authority;

(i) to regulate, inspect and license swimming places and bathing establishments and to prohibit or regulate bathing in any open water in the local authority area;

(j) to regulate, inspect and license the use of public lavatories, closets, urinals and subways;

(k) to prescribe conditions for the conveyance of animals, birds or fish, whether dead or alive, and of meat, vegetables or fruits in any street or public place;

(l) to prohibit or regulate any method of cultivation, the use of any kind of manure or fertilizer or any method of irrigation which in the opinion of the local authority is offensive or is injurious to health; and

(m) to prohibit, regulate, inspect, supervise and license the keeping of, and to seize, destroy and dispose of, animals, birds or fish within the local authority area.


(2) Notwithstanding any other provision in this Act, a local authority shall not make, amend or revoke any by-laws in respect of sewage.

74 Filthy house, etc.   cite [+]

Any owner, occupier or tenant of any house, building or land, whether tenantable or otherwise, who suffers the same or any part thereof to be in a filthy and unwholesome state or overgrown with rank or noisome vegetation, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one thousand ringgit or to a term of imprisonment not exceeding six months or to both such fine and imprisonment and to a further fine not exceeding one hundred ringgit for each day during which the offence is continued after convictions.

75 Power to enter and cleanse houses or buildings   cite [+]

(1) The Health Officer, or any officer authorized by the local authority in that behalf in writing, may at any time enter and inspect all houses and buildings and by an order in writing direct the occupier to cause within a time to be specified in such order all or any part thereof to be internally and externally colour-washed or distempered or otherwise cleansed for sanitary reasons and if necessary disinfected and all dirt or rubbish to be removed or collected.

(2) If such order is not complied with within the time specified, the occupier shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one thousand ringgit or to a term of imprisonment not exceeding six months or to both such fine and imprisonment and to a further fine not exceeding one hundred ringgit for each day after conviction until the order is complied with.

(3) No entry shall be made into any dwelling-house in actual occupation, not being a common lodging-house, without six hours' previous notice to the occupier unless with his consent.

76 Destruction of rats and mice   cite [+]

(1) When the Health Officer is of the opinion that any premises are so infested with rats, mice, birds or other vermin as to be a danger to the health of the persons in the house or of the community, he may serve notice on the owner or occupier of such premises, calling upon him to take such measures as the local authority considers necessary for the destruction of such rats, mice, birds or other vermin and for the removal of their breeding places and for preventing their reappearance.

(2) Any owner or occupier who does not comply with such notice within seven days of the service thereof shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one thousand ringgit or to a term of imprisonment not exceeding six months or to both such fine and imprisonment and to a further fine not exceeding one hundred ringgit for each day after conviction during which the work is not carried out, and the local authority may enter upon the premises and take such measures as it considers necessary for carrying out the purposes of this section.

77 Closing and demolition, etc., of insanitary dwellings   cite [+]

(1) When the Health Officer has certified in writing that in his opinion any building or part of a building or anything attached to a building used or occupied as a dwelling is unfit for human habitation and cannot be rendered fit therefor without the removal, alteration or demolition in whole or in part of any partition, compartment, loft, gallery, pentroof, out-house or other structure or erection or without the execution of such alterations or structural operations as he specifies, he may by notice in writing require the owner thereof to carry into effect all or any of the following things:

(a) the removal, alteration or demolition of the whole or part of the partitions or other erections or obstructions complained of; and

(b) the execution of such alterations or structural operations as are necessary to render the premises fit for human habitation and to guard against danger of disease.


(2) The notice shall specify the period, which shall not be less than seven days, within which the work is to be completed.

(3) If the notice has not been complied with, a Magistrate's Court may, on the application of the local authority, make a mandatory order requiring the owner to carry into effect all or any of the things specified in the said notice.

(4) Any person who without the express sanction in writing of the local authority replaces any partition, erection or obstruction removed under subsection (1) shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one thousand ringgit or to a term of imprisonment not exceeding six months or to both such fine and imprisonment and to a further fine not exceeding one hundred ringgit for each day after conviction during which the work is not carried out, and the local authority may enter upon such premises and remove such partition, erection or obstruction.

(5) The local authority may for the purpose of carrying out the provisions of subsection (1), by notice to be posted in a conspicuous position upon the building, require the owner or occupier, as the case may be, to cease to inhabit the building and to remove all goods, furniture and effects from the building within forty-eight hours from the posting of the notice, or within such extended period as the local authority may allow.

(6) The owner and every occupying tenant shall thereupon comply with the requirements of the notice.

(7) Any owner or occupier in default shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one thousand ringgit for each day during the period in which he has failed to comply with the requirements of the notice.

(8) Notwithstanding subsection (7), at the expiration of forty-eight hours from the posting of the notice or such extended period under subsection (5), the local authority may remove all goods, furniture and effects from the building.

78 Overcrowding of houses   cite [+]

Any person who permits a house to be so overcrowded as to be injurious or dangerous to the health of the inhabitants shall be guilty of an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit or to a term of imprisonment not exceeding six months or with both and to a further fine not exceeding one hundred ringgit for each day during which the offence is continued after conviction.

79 When house to be deemed "overcrowded"   cite [+]

For the purpose of this Act a house shall be deemed to be so overcrowded as to be dangerous or prejudicial to the health of the inhabitants thereof if it or any room therein is found to be inhabited in excess of the proportion of one adult to every three hundred and fifty cubic feet of clear internal space, and in such calculation every person over ten years of age shall be deemed an adult and two children not exceeding ten years of age shall be counted as an adult.

80 Nuisances to be abated   cite [+]

The local authority shall take steps to remove, put down and abate all nuisances of a public nature within the local authority area on public or private premises and may proceed at law against any person committing any such nuisances for the abatement thereof and for damages.

81 Nuisances liable to be dealt with summarily under this Act   cite [+]

For the purposes of this Act-

(a) any premises or part thereof of such a construction or in such a state as to be a nuisance;

(b) any animal kept in such place or manner or in such numbers as to be a nuisance;

(c) any accumulation or deposit which is a nuisance or is or is likely to become a breeding place for mosquitoes or flies or any vermin;

(d) any factory, workshop or work-place which is so overcrowded while work is carried on as to be a nuisance;

(e) any huts or sheds, whether used as dwellings or as stables or for any other purpose, which are by reason of the manner in which the huts or sheds are crowded together or the want of drainage or the impracticability of scavenging or for any other reason a nuisance;

(f) any pool or ditch the water from which is used or likely to be used by man for drinking or domestic purpose or for manufacturing drink for the use of man and which is so polluted or is likely to become a nuisance;

(g) any tank, well, pool, water-course, ditch or low marshy ground which is injurious to health or offensive to the neighbourhood or is likely to become a breeding place for mosquitoes;

(h) any fire-place or furnace and any chimney sending off smoke or other unconsumed combustible matter in such quantity as to be a nuisance;

(i) any brick-field, sandpit or any other kind of excavation which is injurious to health or offensive to the neighbourhood or used for any purpose likely to become a nuisance;

(j) any dust or effluvia caused by any trade, business, manufacture or process which is prejudicial to health or offensive to the neighbourhood; and

(k) any other matter declared by the State Authority to be a nuisance,


shall be liable to be dealt with summarily under this Act.


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