ACT, No. 11 OF 2007

11of2007.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
—————————
PREVENTION OF MOSQUITO BREEDING
ACT, NO. 11 OF 2007
—————————
[Certified on 11th April, 2007]
Printed on the Order of Government
—————————
Published as a Supplement to Part II of the Gazette of the Democratic
Socialist Republic of Sri Lanka of April 12, 2007
PRINTEDATTHE DEPARTMENTOFGOVERNMENTPRINTING,SRI LANKA
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Prevention of Mosquito Breeding Act, No. 11 of 2007 1
[Certified on 11th April, 2007]
L. D.—O. 98/2002
ANACT TO PROVIDE FOR THE PREVENTION OF MOSQUITO BREEDING ; FOR
THE ERADICATION OF PLACES OF MOSQUITO BREEDING AND FOR
MATTERS CONNECTEDTHEREWITH OR INCIDENTALTHERETO.
WHEREAS dengue fever and dengue haemorrhagic fever Preamble.
has become a major public health problem in Sri Lanka, with
the number of persons infected and dying of this disease
increasing rapidly :
AND WHEREAS there is at present no vaccine available to
prevent this serious disease nor is there any specific treatment
to cure the disease :
AND WHEREAS the only method of preventing and
controlling the spread of the disease is by destroying breeding
places of the mosquito which spread the disease :
AND WHEREAS it has become necessary to effectively deal
with this health problem from a national perspective by the
formulation of a National Policy and by the appointment of
a Competent Authority and other officers to be responsible
for the implementation of the National Policy :
NOW THEREFORE BE it enacted by the Parliament of the
Democratic Socialist Republic of Sri Lanka as follows :—
1. This Act may be cited as the Prevention of Mosquito Short title.
Breeding Act, No. 11 of 2007.
2. For the purpose of ensuring the prevention and Prohibition
eradication of all mosquito borne diseases, it shall be the against creating
duty of every owner or occupier of any premises to cause :— conditions
favourable to the
breeding of
(a) open tins, bottles, boxes, coconut shells, split
mosquitoes.
coconuts, tyres or any other article or receptacle
found in or within such premises , capable of holding
water, to be removed, destroyed or otherwise
effectively disposed of ;
2 Prevention of Mosquito Breeding Act, No. 11 of 2007
(b) gutters, down-pipes and drains to be cleared of all
obstructions, so as to allow a smooth flow of water;
(c) cisterns, tanks, air conditioners and other receptacles
for water to be maintained in good repair, closed
and covered so as to prevent the breeding of
mosquitoes;
(d) any well found in the premises and its surroundings
to be maintained and kept in good repair so as to
make it mosquito-proof and thereby prevent the
breeding of mosquitoes;
(e) any artificial pond or pool found in such premises
to be emptied at least once in every week;
(f) any casual collection of water within the premises
which is conducive to mosquito breeding, to be
regularly drained;
(g) shrubs, undergrowth and all other types of
vegetation, other than those grown for the purpose
of food or those which are ornamental, found within
or outside any building or structure within the
premises used as a dwelling place which has become
a breeding place for mosquitoes, to be removed;
(h) the removal and destruction of the water plants
having the botanical name “Pistia Stratiotes” and
commonly known as “Diya Parandal”,
“Kondepasei”, “Telpassy”, “Barawa-Pasi”,
“Nanayaviraddi” and of any other water plant, or
plants, found within the premises, which may
facilitate the breeding of mosquitoes;
(i) the prevention of the spread of any water plant
referred to in paragraph (h) by the erection of suitable
barriers where necessary, having obtained the
approval of any relevant authority, which will stop
such plant from floating along any water-course;
and
Prevention of Mosquito Breeding Act, No. 11 of 2007 3
(j) the elimination or the prevention of any other
condition favourable to the breeding of mosquitoes,
in or within the premises.
3. (1) Where it appears to the Competent Authority that Owner or
any premises or anything kept or maintained therein has occupier to be
directed to take
become favourable to the breeding of mosquitoes, the
certain measures.
Competent Authority may by written Notice require the
owner or occupier of such premises, to adopt or take any one
or more of the following measures within the time specified
in such Notice :—
(a) the repair of all gutters, down-pipes and drains of
any building found in that premises;
(b) the construction or reconstruction of any cistern,
tank or artificial pond found in the premises in such
manner so as to make it capable of being emptied
periodically;
(c) to temporarily drain and clear any cistern, tank or
pond found in the premises and the closing thereof
when it is no longer being used by the owner or
occupier of the premises;
(d) to maintain any well found in the premises in such
condition so as to prevent the breeding of mosquitoes;
(e) to fill-up, drain or treat with larvicide, any
excavation, disused well, cesspit, pond or any other
place where water is capable of being collected and
stagnated;
(f) to fill up pits and low lying areas found within the
premises;
(g) to fill-up or drain or treat once a week with larvicide,
swamps and water courses and water logged area as
found in the premises;
4 Prevention of Mosquito Breeding Act, No. 11 of 2007
(h) remove, uproot and destroy water plants having the
botanical name “Pistia Stratiotes” and commonly
known as “DiyaParandal”, “Kondepasei”, “Barawa
Pasei”, or “Nanayaviraddi” “Telpassy”, or of any
other water plant or plants which may be found to
afford breeding conditions to mosquitoes;
(i) prevent the spread of any water plant referred to in
paragraph (h), by the erection of suitable barriers
which will stop such plant from floating along any
water-course; and
(j) any other measures, which the Competent Authority
or any Public Health Inspector authorised in that
behalf, may deem necessary.
(2) The written Notice referred to in subsection (1), shall
further inform that in the event the owner or occupier neglects
or fails to comply with such Notice within the time specified
therein, the Competent Authority shall be forced to carry out
the measures specified in the Notice, and any expenses
incurred in carrying out the same shall be recovered from
such owner or occupier.
Failure to 4. (1) Every owner or occupier who contravenes or fails
comply with
to comply with any duty or requirements imposed by sections
requirements
imposed by 2 or 3 of this Act, shall be guilty of an offence under this Act
sections 2 or 3 to and shall on conviction after summary trial before a
be an offence. Magistrate, be liable to a fine not less than one thousand
rupees and not exceeding twenty five thousand rupees and
in the case of a continuing offence, to a fine of one hundred
rupees for each day on which such offence is continued to be
committed after conviction:
Provided that no such owner or occupier shall be deemed
to be guilty of that offence, if such owner or occupier proves
to the satisfaction of the Magistrate, that such offence was
committed without his knowledge or that he exercised all
due care and diligence to prevent the commission of such
offence.
Prevention of Mosquito Breeding Act, No. 11 of 2007 5
(2) The Magistrate may, where the person is found guilty
of having failed to comply with a duty imposed by section 2
of this Act, in addition to the imposition of the fine referred
to in subsection (1), require such owner or occupier to take
such preventive or corrective measures as the Magistrate may
deem appropriate in order to prevent the breeding of
mosquitoes, in compliance with the duties imposed on such
owner or occupier by that section.
5. (1) Where the owner or occupier of any premises on Competent
whom any written Notice has been issued under section 3 of Authority to
this Act, neglects or fails to comply with the requirements of carry out work
or measures.
such written Notice within the time specified therein, the
Competent Authority may authorize in writing any officer or
officers, as the case may be, to enter such premises at any
reasonable hour during the day and carry out the work or
measures specified in the Notice which the owner or occupier
has neglected or failed to do. Prior to commencing any work
or measure under this subsection, such officer or officers shall
be required to show the owner or occupier, a copy of the
document issued by the Competent Authority by which such
officer or officers were authorized to carry out such work or
measure.
(2) Nothing contained in subsection (1) shall preclude an
owner or occupier who failed to comply with a Notice so
issued, from being prosecuted for an offence under section 4
of this Act.
(3) Where any works or measures are adopted or executed
under subsection (1), the amount of expenses incurred as
cost shall be payable by the owner or occupier to the
Competent Authority, within two weeks of the date on which
the demand for payment of the same is communicated to
such owner or occupier.
(4) Where the owner of any premises in respect of which a
sum of money is due and owing under subsection (3) of this
section, sells or transfers such premises before payment of
the money due, such owner shall, notwithstanding the sale or
transfer of such premises, continue to be liable to pay the
amount due.
6 Prevention of Mosquito Breeding Act, No. 11 of 2007
Recovery of 6. (1) Where an owner or occupier fails to make the
expenses
incurred as cost payment within two weeks of the demand for payment being
under section 5. communicated to him under subsection (3) of section 5, the
Competent Authority shall issue a Certificate containing
particulars of the amount due as expenses incurred in carrying
out such work or measures, to the Magistrate having
jurisdiction over the area in which such premises is situated.
(2) The Magistrate shall thereupon summon such owner
or occupier, as the case may be, to appear before him and
show cause as to why further proceedings for the recovery of
the amount due should not be taken against him and in default
of sufficient cause being shown, the amount shall be deemed
to be a fine imposed by a sentence of the Magistrate on such
owner or occupier, for an offence punishable with a fine only
or not punishable with imprisonment .
(3) Where the Competent Authority issues a Certificate
under subsection (1), he shall also cause a notification thereof
to be issued to the relevant owner or occupier. Non-receipt of
a notification issued to an owner or occupier, shall not
invalidate any proceedings under this section.
(4) Nothing in this section shall authorize or require a
Magistrate in any proceedings thereunder, to consider,
examine or decide the correctness of any statement contained
in the Certificate issued by the Competent Authority.
(5) Any sum levied as a fine under subsection (2), shall be
transmitted by the Magistrate to the Competent Authority.
Spraying of 7. (1) The Competent Authority may by notice in writing
pesticides. served on any owner or occupier of a premises, require such
owner or occupier to spray any pond, cistern, fountain or any
other place where water collects and where mosquitoes are
found to be breeding, with such type of pesticide as specified
in such notice and within the time specified therein.
Prevention of Mosquito Breeding Act, No. 11 of 2007 7
(2) The failure to comply with a notice issued under
subsection (1) within the time specified shall be an offence
under this Act, and on conviction after summary trial before a
Magistrate, such owner or occupier shall be liable to a fine
not exceeding one thousand rupees.
8. (1) No owner, occupier or any other person shall Resisting or
knowingly or wilfully, resist or obstruct the Competent obstructing
Competent
Authority or any person to whom he has delegated the
Authority &c;.
performance or discharge of any of his duties or functions
under this Act, in the lawful performance or discharge of
those duties or functions.
(2) Any owner, occupier or any other person who acts in
contravention of the provisions of subsection (1) of this
section shall be guilty of an offence under this Act, and on
conviction after summary trial before a Magistrate, be liable
to a fine not exceeding fifty thousand rupees or to a term of
imprisonment not exceeding six months, or to both such fine
and imprisonment.
9. (1) An owner or occupier or any other person shall Lessening the
efficiency of any
not knowingly or willfully, commit any act which is likely
measures
to— adopted.
(a) cause the deterioration of any anti-mosquito
measures carried out or adopted in any premises ; or
(b) lessen the efficacy of any anti-mosquito measures
carried out or adopted in any premises,
whether such measures were carried out or adopted by the
owner or occupier of the premises or by the Competent
Authority as the case may be.
(2) Any owner, occupier or any other person who acts in
contravention of the provisions of subsection (1), shall be
guilty of an offence under this Act, and on conviction after
summary trial before a Magistrate, be liable to a fine not
8 Prevention of Mosquito Breeding Act, No. 11 of 2007
exceeding ten thousand rupees or to a term of imprisonment
not exceeding three months or to both such fine and
imprisonment.
Co-owners and 10. Where any premises are in the occupation of more
co-occupiers to than one person or where any property is co-owned by more
be liable
than one person, for the purpose of the enforcement of the
severally.
provisions of this Act, each of the occupiers and each of the
co-owners shall be severally liable for any neglect or failure
to comply with any requirements imposed by or under this
Act.
Protection for an 11. No suit or prosecution shall lie against an owner or
act or omission occupier of a premises, for any act or omission which is done
done or
purported to be or purported to be done in good faith.
done in good
faith.
Directions to be 12. (1) Where any drain, canal, water course or swamp
issued to local
found within the administrative limits of a local authority
authorities who
fail to maintain which such authority is required to maintain in proper
drains, canals condition, is found to have become conducive to the breeding
&c,. which they
of mosquitoes due to the failure or negligence on the part of
are required to
maintain. such local authority to maintain the same in such proper
condition, the Competent Authority shall have the power to
issue such directions as he may consider necessary or
appropriate, to rectify such situation and prevent the breeding
of mosquitoes.
(2) A local authority which fails to comply with any
directions issued under subsection (1) shall be guilty of an
offence under this Act, and any prosecution for such an
offence instituted by the Competent Authority, shall be filed
against the Chairman of such local authority or any other
Competent Authority appointed under any law relating to
local authorities to act on behalf of that local authority.
Prevention of Mosquito Breeding Act, No. 11 of 2007 9
13. (1) Subject to the provisions of subsection (2), the Power of entry
Competent Authority shall have the power to enter any and inspection.
premises at any reasonable time—
(a) to carry out any survey, inspection or search for the
purpose of determining whether—
(i) any duties imposed by section 2 of this Act
are being complied with by the occupier or
owner of such premises; or
(ii) any measures are necessary, and if so the
extent to which they are necessary, for the
elimination or the prevention of the breeding
of mosquitoes;
(b) to execute any work or measure required to be carried
out under section 5 of this Act.
(2) For the purpose of carrying out any survey, inspection
or search under subsection (1), written consent to enter the
premises shall be obtained —
(i) where the premises concerned is a place of
religious worship or is a place not open to
the public, from the person in charge of such
premises or any other competent person; or
(ii) where the premises concerned is used as a
place of private residence, from the owner or
occupier of such residence.
(3) Where a consent that is required to be obtained under
subsection (2) is unfairly refused and the Competent Authority
is satisfied that there is reason to suspect that any requirement
imposed under this Act is not being complied with, the
Competent Authority may obtain from a Magistrate’s Court a
search warrant for the purpose of entering such premises or
private residence, as the case may be, and exercise all or any
of the powers conferred upon him by such search warrant.
10 Prevention of Mosquito Breeding Act, No. 11 of 2007
Competent 14. (1) The Director-General of Health Services shall
Authority and be the Competent Authority for the purposes of this Act and
delegation by the
Competent shall be charged with the effective implementation of the
Authority. provisions of this Act.
(2) The Director-General of Health Services may,
whenever he considers it necessary and expedient, delegate
the performance or discharge of any duty or function imposed
upon him by this Act in his capacity as the Competent
Authority, to a Medical Officer of Health or to a Public Health
Inspector in any area, and the officer to whom the duty or
function was so delegated, shall perform or discharge the
same subject to the control and supervision of the Competent
Authority.
(3) An officer to whom a delegation is made under
subsection (2) of this section shall, in the performance and
discharge of the duties and functions so delegated, exercise
the same power of entry and inspection as given to the
Competent Authority under section 13 of this Act, and any
obstruction caused to such officer shall be an offence under
section 8 of this Act.
(4) The Competent Authority may give such directions
as he may deem necessary, to any Public Health Inspector or
Medical Officer of Health with regard to the effective
implementation of the provisions of this Act and any
regulations made thereunder and every such officer to whom
any such directions are given, shall be required to comply
with the same.
Offences to be 15. Notwithstanding anything to the contrary in the
cognizable Code of Criminal Procedure Act, No. 15 of 1979, every offence
offences.
under the Act shall be deemed to be a cognizable offence
within the meaning and for the purposes, of that Act.
Prosecutions 16. A prosecution for any offence under this Act shall
under this Act to not be instituted except with the sanction of the Competent
require sanction.
Authority or the Medical Officer of Health of the area where
the offence is alleged to have been committed.
Prevention of Mosquito Breeding Act, No. 11 of 2007 11
17. (1) Where an offence is found to have been Prosecution
committed under this Act by an owner or occupier, prior to a procedure.
prosecution being instituted, a Public Health Inspector shall
be required to serve a written notice upon the alleged offender
requiring such person to adopt or take such corrective
measures as shall be specified in such notice, within two
weeks of the receipt of the same. A person upon whom a
notice is served under this subsection may request for an
extension of time within which to adopt or take the corrective
measures required, and the Public Health Inspector may in
consultation with the Medical Officer of Health of the area,
grant or refuse to grant such extension. No extension shall be
granted beyond a period of a further two weeks.
(2) On the expiry of the time granted for adopting or taking
the required corrective measures under subsection (1), the
Public Health Inspector who served the notice shall inspect
the measures adopted or taken and within one week of
carrying out the inspection, submit a report on the same to
the Medical Officer of Health of the area. In the report
submitted, the Public Health Inspector may, where he
considers it necessary, recommend the institution of
proceedings against the alleged offender.
(3) Where the Public Health Inspector recommends being
institution of proceedings, the Medical Officer of Health
shall, subject to the provisions of subsection (4) of this section,
grant sanction for the same within one week of the receipt of
such recommendation.
(4) A Medical Officer of Health to whom a
recommendation for the institution of proceedings has been
made under subsection (2) may, where on the information
contained in the report submitted along with such
recommendation, he considers that the institution of
proceedings is not warranted, shall be required himself to
inspect the measures adopted or taken by the alleged offender
and submit his own recommendations on the same, to the
Competent Authority. The Competent Authority shall within
12 Prevention of Mosquito Breeding Act, No. 11 of 2007
two weeks of receiving the recommendation, arrive at a final
decision as to whether prosecution should or should not be
instituted against the alleged offender.
Competent 18. The Competent Authority and any person to whom
Authority etc. to any of his functions and duties has been delegated shall, in
be peace
officers. the discharge and performance of such function or duty, be
deemed to be peace officers within the meaning of the Code
of Criminal Procedure Act, No. 15 of 1979, for the purpose of
exercising any of the powers conferred upon peace officers
by that Act.
Service of 19. Any notice required to be served on an owner or
notices.
occupier of a premises under sections 3, 7 or 17 of this Act,
may be effected either personally by handing over such notice
to the owner or occupier of the premises or by affixing such
notice in a conspicuous place within the premises.
Act to bind the 20. The provisions of this Act shall apply to and shall
Republic etc. bind the Republic and any Ministry or Department of the
Government of Sri Lanka.
Protection for 21. No civil or criminal proceedings shall be instituted
action taken against the Competent Authority or against any Medical
under this Act.
Officer of Health or Public Health Inspector to whom the
performance or discharge of any function or duty imposed
upon the Competent Authority by this Act has been delegated
under subsection (2) of section 14 of this Act, for any act
which in good faith is done or purported to be done by such
Medical Officer of Health or Public Health Inspector, as the
case may be.
Offences 22. Where an offence under this Act is committed by a
committed by a body of persons, then —
body of persons.
(a) if that body of persons is a body corporate, every
director, manager or secretary of that body corporate;
Prevention of Mosquito Breeding Act, No. 11 of 2007 13
(b) if that body of persons is a partnership, every partner
of that partnership;
(c) if that body of persons is an unincorporated body,
every individual who is a member of that body; and
(d) if that body of persons is a local authority, the
Chairman of such local authority or any other
Competent Authority appointed under any law
relating to local authorities to act on behalf of that
local authority shall be guilty of that offence :
Provided that any person referred to in paragraphs (a),
(b), (c) and (d) above shall not be deemed to be guilty of
such offence, if such person proves to the satisfaction of
the court that such offence was committed without his
knowledge or that he exercised all due care and diligence
to prevent the commission of such offence.
23. (1) The Minister may make regulations for the Regulations.
purpose of carrying out or giving effect to the principles and
provisions of this Act.
(2) In particular and without prejudice to the generality
of the powers conferred by subsection (1), the Minister may
make regulations in respect of all or any of the following
matters:—
(a) issuing guidelines as to the form of any notice
required to be sent by the Competent Authority to
any owner or occupier under this Act;
(b) recommending the measures to be taken and the
type of pesticides to be used by an owner or occupier
of any premises to eradicate the breeding of
mosquitos; and
(c) issuing guidelines on Anti-Mosquito measures to
the Anti-Malaria Campaign and any other similar
Agency functioning under the Ministry, for the
prevention and eradication of the breeding of
mosquitos.
14 Prevention of Mosquito Breeding Act, No. 11 of 2007
(3) Every regulation made by the Minister shall be
published in the Gazette, and shall come into operation on
the date of such publication or on such later date as shall be
specified in the regulation.
(4) Every regulation made by the Minister shall as soon
as convenient after its publication in the Gazette, be brought
before Parliament for its approval.
(5) Any regulation which is not so approved shall be
deemed to be rescinded as from the date of such disapproval,
but without prejudice to anything previously done
thereunder.
(6) The date on which any regulation shall be deemed to
be rescinded, shall be published in the Gazette.
Sinhala text to 24. In the event of any inconsistency between the Sinhala
prevail in case of and Tamil texts of this Act, the Sinhala text shall prevail.
inconsistency.
Interpretation. 25. In this Act, unless the context otherwise requires—
“Director-General of Health Services” means the
Director of Health Services appointed under
section 3 of the Health Services Act
(Chapter219);
“Medical Officer of Health” means any officer
appointed to the designated post of Medical
Officer of Health in the Department of Health
Services or any officer acting in that post, and
includes a Chief Medical Officer of Health, a
Deputy Chief Medical Officer of Health and a
Medical Officer of Health in the service of a
Municipal Council who is serving within the
administrative limits of such Council;
“occupier” means a person in occupation of any
premises or having the charge, management or
Prevention of Mosquito Breeding Act, No. 11 of 2007 15
control thereof, whether on his own account or
as an agent of any other, but does not include a
lodger;
“owner” includes a co-owner, a lessee, any person
who by whatever right is entitled to the rent or
produce of any premises and any individual,
institution, body corporate or official who is
responsible for the proper maintenance of the
premises;
“premises” means any land together with any building
or part of a building standing thereon; and
“Public Health Inspector” means any officer
appointed to such post in the Department of
Health Services and includes any Public Health
Inspector of a local authority, who is authorized
by the Competent Authority to perform any
function as a Public Health Inspector under this
Act.

16 Prevention of Mosquito Breeding Act, No. 11 of 2007
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