Malaysia legislation
Section 63
Section 63
Nothing in this Ordinance shall prevent any person from being charged or prosecuted under any written law for any act or omission which constitutes an offence under this Ordinance or any regulations made thereunder or being liable under that written law to any other higher punishment or penalty than that prescribed by this
Ordinance or any regulations made thereunder:
Provided that no person shall be charged, prosecuted or punished twice for the same or similar offence.
Power to make regulations 64.
The Majlis Mesyuarat Kerajaan Negeri may make regulations necessary for carrying out the provisions of this
Ordinance, and in particular may make provisions for—
(a)
regulating the cleansing, disinfection and spraying of premises:
(i)
where there has been a case or suspected case of infectious disease; or
(ii)
which are suspected of being contaminated with the agents of infectious disease; or
(iii)
the conditions of which provides breeding grounds for and could harbour disease bearing insects;
(b)
prescribing sanitary standards and sanitary facilities for premises;
(c)
prescribing the fees to be paid under this Ordinance and regulations made thereunder;
(d)
prescribing the forms to be used under this Ordinance and regulations made thereunder;
(e)
prescribing the manner and procedure for compounding of offences;
(f)
licensing of designated trades;
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(g)
regulating measures for the prevention and destruction of rats and other vermins, including setting up of traps and use of poisons for such purposes;
(h)
regulating and controlling the state and cleanliness of public toilets;
(i)
prescribing the courses to be conducted for food handlers;
(j)
procedures for the taking of samples and analysis of food suspected to have been contaminated;
(k)
regulating the granting and renewal of licences for hotels and lodging houses;
(l)
regulating the establishment, management and control of funeral parlours, cemeteries, crematoria and columbaria;
[Sub. Cap. A212/2024]
(m)
the disposal or burial of animals and unclaimed corpses;
(n)
prescribing and regulating the manner of food packaging where food is cooked or prepared and sold for public consumption, its disposal and providing for segregation and disposal of waste; and
(o)
regulating the use of Styrofoam containers, plastic bag and plastic straw at public places.
[Add. Cap A212/2024]
Repeal and saving 65.—
The Public Health Ordinance, 1962 [Ord. No. 24/62], and sections 106, 124, 125, 126, 127, 128, 129 and 130 of the Local
Authorities Ordinance, 1996 [Cap. 20], are repealed:
Provided that nothing herein shall affect the past operation of, or anything done under, a repealed Ordinance including any right,
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privilege, licence, proceeding or liability existing at the commencement of this Ordinance by virtue of the repealed Ordinance.
(2)
Notwithstanding the repeal of the Public Health Ordinance 1962 [Ord. No. 24/62], any by-law, regulation, order or notification made or issued under that Ordinance shall continue to be in force and have effect until and unless such by-law, regulation, order or notification is amended or revoked by any regulation made under section 64 or is repealed under any other written law.
(3)
Any proceeding, action, claim or liability made, instituted, filed, commenced or incurred under the repealed Ordinance or any by-law or regulation made thereunder prior to the date of commencement of this Ordinance shall be deemed to be continued or have been so incurred as if this Ordinance has not been enacted.
Removal of difficulties 66.
The Minister may, by Order published in the Gazette, make such provisions as it considers necessary or expedient for the purpose of removing any difficulties occasioned by the coming into force of this Ordinance, and such Order may be made so as to have effect as from the date of commencement of this Ordinance.
Amendment of Schedule 67.
The Majlis Mesyuarat Kerajaan Negeri may, by notification published in the Gazette, amend the Schedule and such amendment shall take effect on such date as may be specified in the notification.
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