JADUAL
[Peraturan 3]
PERKHIDMATAN PERLU
1.
Makanan dan minuman termasuk makanan haiwan 2.
Penjagaan kesihatan dan penjagaan perubatan termasuk penokok diet, dan perkhidmatan veterinar 3.
Air 4.
Tenaga 5.
Keselamatan, pertahanan, kecemasan, kebajikan dan bantuan kemanusiaan 6.
Pengurusan sisa pepejal dan pembersihan awam dan pembetungan 7.
Pengangkutan melalui darat, air atau udara 8.
Perkhidmatan dan pengusahaan pelabuhan, limbungan dan lapangan terbang, termasuk pemunggahan, pengangkutan laiter, pengendalian kargo dan pemaliman, dan penyimpanan atau pemukalan komoditi 9.
Komunikasi termasuk liputan media, telekomunikasi dan internet, penyiaran bagi maksud penyampaian maklumat, berita dan seumpamanya, dan pos dan kurier
12
10.
Perbankan, insurans, takaful dan pasaran modal 11.
Pajak gadai 12.
E-dagang dan teknologi maklumat 13.
Pengeluaran, penyulingan, penyimpanan, pembekalan serta pengagihan bahan api dan pelincir 14.
Hotel dan penginapan bagi maksud kuarantin, pengasingan, penginapan pekerja dalam perkhidmatan perlu, dan bukan maksud pelancongan 15.
Pembinaan, penyelenggaraan dan pembaikan kritikal 16.
Perkhidmatan perhutanan, terhad kepada penguatkuasaan, dan hidupan liar 17.
Logistik, terhad kepada penyampaian perkhidmatan perlu 18.
Perkhidmatan pembuatan
(a)
aeroangkasa (komponen dan maintenance, repair and overhaul (MRO))
(b)
bahan pembungkusan dan percetakan berhubung dengan bahan makanan dan minuman dan bahan penjagaan kesihatan dan perubatan
(c)
barang penjagaan diri dan bahan pencuci
(d)
keluaran penjagaan kesihatan dan perubatan termasuk penokok diet
(e)
kelengkapan perlindungan diri termasuk sarung tangan getah dan peralatan keselamatan kebakaran
(f)
komponen bagi peranti perubatan
(g)
barang elektrikal dan elektronik
(h)
minyak dan gas termasuk petrokimia dan keluaran petrokimia
(i)
mesin dan peralatan berhubungan dengan rawatan perubatan dan perkhidmatan kesihatan dan keluaran makanan dan minuman
(j)
tekstil bagi pengeluaran kelengkapan perlindungan diri
(k)
bahan api dan pelincir 19.
Pertanian, perikanan dan penternakan 20.
Perladangan dan komoditi, terhad kepada kelapa sawit, getah, lada dan koko 21.
Kerja pembinaan infrastruktur awam yang utama 22.
Kerja pembinaan bangunan yang menyediakan penginapan pekerja yang lengkap di tapak bina atau kuarters pekerja berpusat 23.
Perdagangan dan peruncitan
(a)
keperluan asas, penjagaan diri dan penjagaan haiwan
13
(b)
dobi termasuk dobi layan diri, kedai cermin mata dan optik dan kedai perkakasan
(c)
stesen minyak termasuk kedai runcit di stesen minyak
(d)
bengkel kenderaan, penyelenggaraan dan alat ganti
(e)
pemborongan dan pengedaran bagi keluaran perkhidmatan perlu
Dibuat 14 Jun 2021
[KKM.600-29/4/146 Jld.2 (30); PN(PU2)470/Jld. 7]
DATO’ SRI DR. ADHAM BIN BABA
Menteri Kesihatan
14
PREVENTION AND CONTROL OF INFECTIOUS DISEASES ACT 1988
PREVENTION AND CONTROL OF INFECTIOUS DISEASES
(MEASURES WITHIN INFECTED LOCAL AREAS) (NO. 3) REGULATIONS 2021
IN exercise of the powers conferred by subsection 11(2)
of the
Prevention and Control of Infectious Diseases Act 1988 [Act 342], the Minister makes the following regulations:
Citation and commencement 1.
(1)
These regulations may be cited as the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (No. 3)
Regulations 2021.
(2)
These Regulations have effect for the period from 15 June 2021
to 28 June 2021.
Interpretation 2.
In these Regulations, “infected local area” means any area declared to be an infected local area under the Prevention and Control of Infectious Diseases
(Declaration of Infected Local Areas) Order 2020 [P.U. (A) 87/2020].
Essential services 3.
(1)
For the purposes of these Regulations, “essential services” means the essential services as specified in the Schedule and includes any activity and process in the supply chain of such essential services.
(2)
The Director General may, by directions, add to or delete any service, work, industry and business as essential services after consulting the authority that regulates the service, work, industry and business.
15
Control of movement 4.
(1)
No person shall move from one place to another place within any infected local area, from one district to another district within any infected local area or from one infected local area to another infected local area except for the purposes under subregulation (2).
(2)
Subject to regulation 5, a person may move from one place to another place within any infected local area, from one district to another district within any infected local area or from one infected local area to another infected local area for the following purposes:
(a)
to purchase food, beverages, medicine, dietary supplement or daily necessities;
(b)
to supply or deliver food, beverages, medicine, dietary supplement or daily necessities;
(c)
to seek healthcare or medical services, Coronavirus Disease 2019
(COVID-19) detection test, immunization or emergency treatment;
(d)
to purchase any goods or procure any essential services, other than those referred to in paragraphs (a) and (c), from any provider of essential services;
(e)
to provide any essential services or perform any duty in relation to any essential services;
(f)
to perform any official duty, judicial duty or any other duty authorized by an authorized officer;
(g)
to provide humanitarian aid to any person affected because of any natural disaster; and
16
(h)
to attend learning at any learning institution or to perform any duty at any learning institution.
Conditions for movement 5.
Where a person moves from one place to another place within any infected local area, from one district to another district within any infected local area or from one infected local area to another infected local area—
(a)
to purchase food, beverages, medicine, dietary supplement or daily necessities—
(i)
his movement shall only be to a place within a radius of not more than ten kilometres from his residence, or to a place nearest to his residence if such food, beverage, medicine or dietary supplement is or daily necessities are, not available at a place within a radius of not more than ten kilometres from his residence; and
(ii)
he may be accompanied by one family member staying in the same house;
(b)
to supply or deliver food, beverages, medicine, dietary supplement or daily necessities, he shall provide the necessary proof as requested by an authorized officer;
(c)
to seek healthcare or medical services, Coronavirus Disease 2019
(COVID-19) detection test, immunization or emergency treatment—
(i)
his movement shall only be to a place within a radius of not more than ten kilometres from his residence, or to a place nearest to his residence if such healthcare or medical services, Coronavirus Disease 2019 (COVID-19) detection test, immunization or emergency treatment is not available
17
at a place within a radius of not more than ten kilometres from his residence; and
(ii)
he may be accompanied by not more than two persons;
(d)
to purchase any goods or procure any essential services, other than those referred to in paragraphs 4(2)(a) and (c), he shall provide the necessary proof as requested by an authorized officer;
(e)
to provide any essential services or perform any duty in relation to any essential services, he shall provide the necessary proof as requested by an authorized officer;
(f)
to perform any official or judicial duty, he shall produce an authorization letter from his employer if required by an authorized officer;
(g)
to provide humanitarian aid to any person affected because of any natural disaster—
(i)
he shall provide the necessary proof as requested by an authorized officer; and
(ii)
he may be accompanied by any other person subject to any directions issued by the Director General; and
(h)
to attend learning at any learning institution or to perform any duty at any learning institution, the person shall provide the necessary proof as requested by an authorized officer.
18
Prohibition on movement to place that is subject to enhanced movement control order 6.
(1)
No person shall enter into or exit from a place that is subject to an enhanced movement control order except any person who is providing healthcare and medical services or is given permission by an authorized officer.
(2)
For the purposes of subregulation (1), “enhanced movement control order”
refers to directions given by an authorized officer under subsection 11(3) of the Act.
Movement for purposes of examination 7.
(1)
Any person who is required to sit for any examination determined by the relevant authority at any learning institution is allowed to move from one place to another place within any infected local area, from one district to another district within any infected local area or from one infected local area to another infected local area for the purpose of preparing and sitting for the examination at the learning institution.
(2)
Any person who is required to sit for any examination determined by any professional body at any place determined by such professional body is allowed to move from one place to another place within any infected local area, from one district to another district within any infected local area or from one infected local area to another infected local area for the purpose of preparing and sitting for the examination.
(3)
Any person who is involved in providing lessons for the preparation of examination or in the conduct of any examination mentioned under subregulations (1)
and (2) is allowed to move from one place to another place within any infected local area, from one district to another district within any infected local area or from one infected local area to another infected local area for the purpose of providing lessons for the preparation of the examination and conducting the examination.
(4)
Any person who moves from one place to another place within any infected local area, from one district to another district within any infected local area or from one infected local area to another infected local area for the purposes mentioned under subregulations (1), (2) and (3)—
19
(a)
shall provide the necessary proof as requested by an authorized officer; and
(b)
may be accompanied by a mother, father or guardian.
Movement due to special or particular reason 8.
Where, due to a special or particular reason, a person needs to move from one place to another place within any infected local area, from one district to another district within any infected local area or from one infected local area to another infected local area, that person shall obtain prior written permission of the police officer in charge of the police station nearest to the residence of such person.
Prohibition on procession 9.
No person shall in any way participate or be involved in any procession.
Control of gathering 10.
(1)
No person shall gather or be involved in any gathering in any premises within any infected local area whether for religious, sports, recreational, social or cultural purpose.
(2)
Notwithstanding subregulation (1), a person may gather or be involved in a gathering for religious purpose or funeral ceremony subject to any directions issued by the Director General.
Public transport 11.
Notwithstanding the total maximum capacity of the number of passengers that may be carried on board any land, sea or air public transport, a holder of any land, sea or air public transport licence or permit to carry passengers shall ensure that the public transport relating to his licence or permit carries such number of passengers subject to any directions issued by the Director General.
20
Requirement to undergo health examination upon arrival in Malaysia 12.
(1)
An authorized officer may direct any citizen, permanent resident of Malaysia, expatriate or diplomatic corps, or any other foreigner permitted by the Director General of Immigration, entering Malaysia from overseas to undergo health examination upon arrival in Malaysia at any point of entry before proceeding for immigration clearance, or at any other place determined by the Director General.
(2)
Any person referred to in subregulation (1) shall comply with any directions issued by an authorized officer.
(3)
Where any person referred to in subregulation (1) is directed by the authorized officer to undergo quarantine at any place, the person shall wear a wristband provided by the authorized officer.
Requirement for employer to cause his foreign employee to undergo
Coronavirus Disease 2019 (COVID-19) detection test 13.
(1)
For the purpose of preventing and controlling the spread of the
Coronavirus Disease 2019 (COVID-19) at work place, an authorized officer may direct any employer who employs a foreign employee to cause the foreign employee to undergo Coronavirus Disease 2019 (COVID-19) detection test, and the employer shall pay the fee, cost or charges for the test.
(2)
For the purposes of this regulation, “foreign employee” means a holder of a Visit Pass (Temporary Employment) issued under regulation 11
of the Immigration Regulations 1963 [F.L.N. 228/1963].
Special provision relating to control of movement within the State of Sarawak 14.
Notwithstanding any provision in these Regulations, the control of movement, measures, and any conditions for the control of movement and measures, for the purpose of preventing and controlling the spread of Coronavirus Disease 2019 (COVID-19) within the State of Sarawak, shall be as directed by the Director General.
21
Request for information 15.
An authorized officer may request for any information relating to the prevention and control of infectious disease from any person or body of persons.
Directions of Director General 16.
(1)
The Director General may issue any directions in any manner, whether generally or specifically, to any person or group of persons to take such measures for the purpose of preventing and controlling any infectious diseases within any infected local area.
(2)
Directions issued by the Director General under subregulation (1) shall be published in the website of the National Security Council.
Offence 17.
(1)
Any person who contravenes any provision of these Regulations or any directions of the Director General or an authorized officer commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding six months or to both.
(2)
Where any person who commits an offence under these Regulations is a company, limited liability partnership, firm, society or other body of persons, a person who at the time of the commission of the offence was a director, compliance officer, partner, manager, secretary or other similar officer of the company, limited liability partnership, firm, society or other body of persons or was purporting to act in the capacity or was in any manner or to any extent responsible for the management of any of the affairs of the company, limited liability partnership, firm, society or other body of persons or was assisting in its management—
(a)
may be charged severally or jointly in the same proceedings with the company, limited liability partnership, firm, society or the body of persons; and
22
(b)
if the company, limited liability partnership, firm, society or the body of persons is found guilty of the offence, shall be deemed to be guilty of that offence and shall be liable to the same punishment or penalty as an individual unless, having regard to the nature of his functions in that capacity and to all circumstances, he proves—
(i)
that the offence was committed without his knowledge; and
(ii)
that the offence was committed without his consent or connivance and that he had taken all reasonable precautions and exercised due diligence to prevent the commission of the offence.
Savings 18.
Any directions of the Director General issued or deemed to have been issued under the Prevention and Control of Infectious Diseases (Measures within Infected Local
Areas) (No. 2) Regulations 2021 [P.U. (A) 243/2021] shall be deemed to have been made under these Regulations and shall continue to remain in force unless revoked by the
Director General.