*PREVENTION AND CONTROL OF INFECTIOUS DISEASES ACT 1988

This Act shall come into force on a date to be appointed by the

Minister by notification in the Gazette; and the Minister may appoint different dates for the coming into force of this Act, or of different provisions thereof, in different parts of Malaysia.

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Interpretation

a hotel;

a hostel; or

any institution of refuge or rest for persons needing care;

“commander” means the person for the time being in command of an aircraft or a ship;

“contact” means any person who has been or is likely to have been exposed to the risk of contracting an infectious disease, including any person arriving from an infected area;

“contamination” means the presence of agents of an infectious disease on the surface of or in non-living things or on the body surface of living things;

“derat” means to render free from rodents;

Prevention and Control of Infectious Diseases 9

“Director General” means the Director General of Health;

“disinfect” means to destroy or remove the agents of disease;

“disinsecting” means the operation in which measures are taken to kill noxious insects;

“epidemic” means an extension of a disease by a multiplication of cases in an area;

“food” includes any substance consumed by human beings or animals or any substance used in the composition or preparation of any such substance and also includes flavouring matters and condiments, but does not include drugs;

“health inspector” means any health inspector in the service of the

Government or of any local authority;

“immunization” means the introduction of specific antigens or antibodies into the human body with the object of conferring immunity against the disease in question, and includes vaccination;

“infection” means the entry of agents of an infectious disease into living things and the multiplication of such agents in living things;

“infectious disease” means any disease specified in the First

Schedule;

“infested” means infested with rodents or noxious insects;

“International Health Regulations” means the International Health

Regulations as adopted by the World Health Assembly in 1969 and as amended from time to time;

“isolation” when applied to a person or a group of persons means the separation of that person or group of persons from other persons, except the personnel in charge of the care and isolation of such persons, in such a manner as to prevent the spread of infection, and includes the treatment of that person or group of persons;

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“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 Medical Officer of Health in any area, district, or local authority area, including the airport and port limits thereof, and includes the Director General, the Deputy Director

General of Health, the Director of Health Services, any Deputy

Director of Health Services, any State Director of Medical and Health

Services, any State Deputy Director of Medical and Health Services, the Sabah State Director of Medical Services and his Deputy and the

Sarawak State Director of Medical Services and his Deputy;

“medical practitioner” means a medical practitioner registered under the Medical Act 1971 [Act 50];

“noxious insect” means any arthropod carrying or causing or capable of carrying or causing any infectious disease, and includes the eggs, larvae and pupae of such arthropod;

“observation” means the segregation of any contact or person suspected of suffering from any infectious disease for the purpose of ascertaining whether or not he is suffering from any infectious disease, and includes the treatment of that person;

“pathogenic organism or substance” includes—

any animal;

any noxious insect;

any living germ, microbe, bacteria or virus;

the culture of any germ, microbe, bacteria or virus; or

the product of any germ, microbe, bacteria or virus, capable of causing any infectious disease;

“port” means a seaport or an inland navigation port which is normally frequented by ships;

Prevention and Control of Infectious Diseases 11

“premises” includes any structure, permanent or otherwise, the land on which the structure is situated, and any adjoining land used in connection therewith, and also includes any street, open space or vehicle;

“quarantine station” means any place where isolation or observation is carried out and includes an infectious disease hospital and any place declared by the Minister in the Gazette to be a quarantine station;

“ship” includes any vessel used in navigation by water;

“surveillance” means the subjection of any person, who is not isolated, to periodical examination or enquiry for the purpose of ascertaining his state of health and to conditions imposed by an authorized officer for such purpose;

“treatment” includes all such acts and procedures as may be necessary for the purpose of determining whether a person is infected with an infectious disease;

“vehicle” includes a ship, an aircraft, a train, a road vehicle and any other means of transport.

Any reference to “airport” or “port” includes a reference to any structure, permanent or otherwise, within the limits thereof.

An authorized officer shall, when acting within the scope of his powers and duties under this Act, be deemed to be a public servant within the meaning of the Penal Code [Act 574].

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An authorized officer shall maintain the confidentiality of all matters which come to his knowledge in the performance of his official duties under this Act and shall not communicate any such matter to any person except for the purpose of carrying into effect the provisions of this Act.

An authorized officer who contravenes subsection (3) commits an offence and is liable on conviction to imprisonment for a term not exceeding three years or to a fine or to both.

Limitation of liability

Subsection (1) shall apply to any officer acting under section 5.

Police assistance, etc.

Notwithstanding the provisions of subsection (1), the Minister may, by order in the Gazette, declare any other area outside Malaysia to be an infected area.

The Minister may, by regulations made under this Act, prescribe the measures to be taken to prevent the introduction of any infectious disease into Malaysia from an infected area.

Entry into and examination of vehicles and the measures thereafter

enter into and medically examine any vehicle at any time upon its arrival in Malaysia;

medically examine any person, animal or article on board such vehicle; and

take such samples as may be necessary for the purpose of determining the sanitary condition of such vehicle or article or the state of health of such person or animal.

An authorized officer may order any part of any vehicle, which he has reason to believe to be contaminated or infested, to be disinfected, disinsected or deratted to that officer’s satisfaction.

If in the course of a medical examination under subsection (1)

an authorized officer finds or has reason to believe that any person is infected or is a contact, he may order such person—

The owner of any vehicle, or his agent or servant, who contravenes subsection (1) commits an offence.

Importation or exportation of human remains and pathogenic organism or substance

any human remains, human tissues or part thereof; or

any pathogenic organism or substance or part thereof, except in accordance with regulations made under this Act.

Any person who contravenes subsection (1) commits an offence.

When any person is charged under this section, he shall be presumed to have knowingly imported or exported such human remains, human tissues or part thereof or such pathogenic organism or substance or part thereof until the contrary is proved.

Prevention and Control of Infectious Diseases 15

Every medical practitioner who treats or becomes aware of the existence of any infectious disease in any premises shall, with the least practicable delay, give notice of the existence of the infectious disease to the nearest Medical Officer of Health in the form prescribed by regulations made under this Act.

The person in charge of any boarding-house shall, with the least practicable delay, notify the officer in charge of the nearest district health office or government health facility or police station if he knows or has reason to believe that any person in the boarding-house is suffering from or has died of an infectious disease.

Any police officer or village head receiving notification under this section shall, with the least practicable delay, notify the officer in charge of the nearest district health office or government health facility.

Any person who contravenes this section commits an offence.

When any person is charged under this section, he shall be presumed to have known of the existence of the infectious disease or to have had reason to believe that an infectious disease existed, unless he shows to the satisfaction of the Court before which he is charged that he did not know and could not with reasonable diligence have

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obtained knowledge of the infectious disease or that he did not have reason to believe that an infectious disease existed.

Declaration of an infected local area

The Minister may, by regulations made under this Act, prescribe the measures to be taken to control or prevent the spread of any infectious disease within or from an infected local area.

During the continuance in force of an order made under subsection (1), it shall be lawful for any authorized officer to direct any person or class or category of persons living in an infected local area or in any part thereof to subject himself or themselves—

It shall be lawful for an authorized officer to use such force, with or without assistance, as may be necessary and to employ such methods as may be sufficient to ensure compliance with any direction issued under subsection (3).

Any person who refuses to comply with any direction issued under subsection (3) commits an offence.

Prevention and Control of Infectious Diseases 17

Infected persons not to act in a manner likely to spread infectious disease

No person who knows or has reason to believe that he is suffering from any infectious disease specified in Part II of the First

Schedule shall do any act which he knows or has reason to believe is likely to lead to the spread of such infectious disease.

Any person who contravenes this section commits an offence.

This section shall not apply to any person whose presence or conduct in such place as mentioned in subsection (1) is necessary for the purpose of obtaining medical treatment.

Control of contaminated articles and infected animals

Any person who contravenes subsection (1) commits an offence.

This section shall not apply to any person who transmits, with proper precautions, any article or animal for the purpose of having it disinfected.

Isolation of infected persons and suspects

For the purposes of subsection (1), an authorized officer may use such force as may be necessary to ensure compliance with his order.

Order for examination of corpse

a person has died or is suspected to have died of an infectious disease; and

an authorized officer has given directions as to the manner in which the corpse of such person is to be buried or cremated, no person shall bury or cremate such corpse otherwise than in accordance with the directions of the authorized officer.

Any person who contravenes subsection (1) commits an offence.

Prevention and Control of Infectious Diseases 19

Disinfection and closure of premises

examine or cause to be examined any person found on the premises with a view to ascertaining if the person is suffering or has been suffering from an infectious disease;

examine the premises and any article or animal on the premises with a view to ascertaining if they are contaminated or infected, as the case may be;

order the premises or any part thereof to be disinfected, disinsected and deratted;

order the premises or any part thereof to be closed until the premises have been thoroughly disinfected, disinsected and deratted;

order the disinfection of all contaminated articles and infected or contaminated animals on the premises or, if such article or animal is incapable of being thoroughly disinfected, order its destruction;

do any other act to prevent the outbreak or the spread of any infectious disease.

An authorized officer may at any time enter any premises for the purpose of exercising the powers conferred upon him by subsection

.

Destruction of structures

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The Medical Officer of Health shall report to the Director

General every order made under subsection (1).

Selling or letting contaminated buildings

have been disinfected to the authorized officer’s satisfaction; or

need not be disinfected, as the case may be.

Any person who contravenes any order issued under subsection

commits an offence.

For the purpose of this section, “letting” includes the admission of any person into a boarding house as a paying lodger.

Power to order disinfection of certain vehicles

obstructs or impedes, or assists in obstructing or impeding, any authorized officer in the execution of his duty;

disobeys any lawful order issued by any authorized officer;

refuses to furnish any information required for the purposes of this Act or any regulations made under this Act; or

upon being required to furnish any information under this

Act or any regulations made under this Act, gives false information, commits an offence.

Prosecution

in respect of a first offence, to imprisonment for a term not exceeding two years or to fine or to both;

in respect of a second or subsequent offence, to imprisonment not exceeding five years or to fine or to both;

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in respect of a continuing offence, to a further fine not exceeding two hundred ringgit for every day during which such offence continues.

Compounding of offences

Where any premises are requisitioned under subsection (1), the premises shall be cleansed and disinfected before being returned to the owner.

Where any premises are requisitioned under subsection (1), the owner thereof shall be paid such compensation as may be agreed between him and the Director General or, in default of agreement, be determined by arbitration in accordance with the provisions of the

Arbitration Act 1952 [Act 93].

NOTE—The Arbitration Act 1952 [Act 93] has since been repealed by the Arbitration Act 2005

[Act 646] w.e.f. 15 March 2006—see section 51 of Act 646.

Prevention and Control of Infectious Diseases 23

Seizure and disposal of contaminated articles, etc.

Where any article or animal seized under subsection (1) is incapable of being thoroughly disinfected and the owner or the person in whose possession the article or animal was at the time of the seizure consents in writing to the destruction of the article or animal, the article or animal may be destroyed or otherwise disposed of as the authorized officer may direct.

Where any article or animal seized under subsection (1) is incapable of being thoroughly disinfected and the owner or person in whose possession the article or animal was at the time of the seizure does not consent to the destruction of the article or animal, the authorized officer shall apply to a Magistrate for an order for the disposal of the article or animal and the Magistrate may make such order as he may deem fit, including an order for the destruction of such article or animal, notwithstanding that no one has been charged with or convicted of any offence in connection with the article or animal.

Recovery of costs and expenses

the removal, medical attendance and maintenance of any person who is or is suspected to be suffering from an infectious disease and who is removed to any hospital or place from such vehicle for medical treatment or for isolation or observation;

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the burial or cremation of any person who dies of an infectious disease on such vehicle, or who dies of an infectious disease after removal to hospital from such vehicle;

the cleansing, disinsecting, disinfection and deratting of such vehicle or of any part thereof;

the disposal of contaminated articles or infected or contaminated animals on such vehicle.

Any cost or expenses charged or incurred by the Government under this Act or any regulations made under this Act may, without prejudice to any other remedy, be recovered by civil proceedings as a debt due to the Government.

Exemption

any person or class of persons;

any article;

any vehicle;

any human remains, human tissues or part thereof;

any animal; or

any pathogenic organism or substance, from the operation of any of the provisions of this Act or any regulations made under this Act.

The Minister may, in making the order under subsection (1), impose such conditions as he thinks fit.

Prevention and Control of Infectious Diseases 25

Power to vary Schedule

Without prejudice to the generality of the powers conferred by subsection (1), regulations under this section may provide for all or any of the following matters:

This repeal shall not affect anything duly done or suffered or any right, privilege, obligation or liability acquired, accrued or incurred under those written laws; and in particular (without prejudice to the generality of the foregoing) any agreement, appointment,

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approval, designation, notice or recognition made or given under those laws shall continue in force and have effect as if it had been made or given under this Act.

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FIRST SCHEDULE

[Section 2]

INFECTIOUS DISEASES

(2)

Number Short title

Quarantine Enactment

Prevention of Disease Enactment

Vaccination Enactment

S.S. Ord. 52 of 1939

Quarantine and Prevention of Disease Ordinance 1939

S.S. Cap.

Lepers Ordinance

F.M. Ord. 56 of 1950

Quarantine and Prevention of Disease Enactments

(Application to Kedah) Ordinance 1950

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Johore En. No. 9

Vaccination Enactment

Johore En. No. 122

Quarantine and Prevention of Disease Enactment

Kedah En. No. 124

Enactment No. 124 (Vaccination)

Kelantan En. 10 of

Lepers Enactment 1935

Kelantan En. 5 of 1939

Prevention of Disease Enactment

Perlis En. 4 of 1346

Quarantine and Prevention of Diseases Enactment

(A.H.)

1346

Perlis En. 1 of 1345

Padang Besar Quarantine Enactment 1345

(A.H.)

Terengganu En. 6 of

Quarantine and Prevention of Diseases Enactment 1356 (Revised Cap.

84) (A.H.)

Act 52

Malaria Eradication Act 1971.

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Act 342

LIST OF AMENDMENTS

Amending law Short title In force from

P.U. (A) 181/1995

Prevention and Control

26-05-1995

of Infectious Diseases

(Amendment of First

Schedule) Order 1995

P.U. (A) 243/1997

Prevention and Control

15-06-1997

of Infectious Diseases

(Amendment of First

Schedule) Order 1997

P.U. (A) 374/2006

Prevention and Control

12-10-2006

of Infectious Diseases

(Amendment of First

Schedule) Order 2006

P.U. (A) 408/2010

Prevention and Control

10-12-2010

of Infectious Diseases

(Amendment of First

Schedule) Order 1997

P.U. (A) 298/2016

Prevention and Control

01-12-2016

of Infectious Diseases

(Amendment of First

Schedule) Order 2016

P.U. (A) 179/2020

Prevention and Control

10-06-2020

of Infectious Diseases

(Amendment of First

Schedule) Order 2020

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32

Act 342

LIST OF AMENDMENTS

Section Amending authority In force from

First Schedule

P.U. (A) 181/1995

26-05-1995

P.U. (A) 243/1997

15-06-1997

P.U. (A) 374/2006

12-10-2006

P.U. (A) 408/2010

10-12-2010

P.U. (A) 298/2016

01-12-2016

P.U. (A) 179/2020

10-06-2020

______________