Malaysia legislation

Section 97

of *LOCAL GOVERNMENT ACT 1976

Section 97

(a)

by order of a Magistrate’s Court for the purpose of a judicial enquiry; or

(b)

under a licence granted by the local authority authorizing such exhumation and after payment to the local authority of such fee as may be determined by the local authority with the approval of the State Authority:

Local Government 67

Provided that no licence shall be granted under the provisions of paragraph (b)—

(i)

where the cause of death was an infectious disease as defined in any written law relating to quarantine and the prevention of diseases; or

(ii)

in the case of a corpse that has been buried for less than five years, unless the local authority is satisfied that there are special reasons requiring the exhumation.

(2)

Any person who exhumes or causes to be exhumed or permits to be exhumed any corpse or the remains of any corpse contrary to this section or who shall neglect or fail to observe any precaution prescribed as a condition of the licence to exhume or who fails to comply with any reasonable directions issued to him by a local authority for the purpose of preventing danger to the public health shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to a term of imprisonment not exceeding one year or with both.

Power to make by-laws