act 342 prevention and control of infectious diseases act 1988

8/8/2019 Act 342 Prevention and Control of Infectious Diseases Act 1988

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Prevention and Control of Infectious Diseases 19

such order as he may deem fit, including an order for the destructionof such article or animal, notwithstanding that no one has beencharged with or convicted of any offence in connection with the

article or animal.

Recovery of costs and expenses

28. (1) The Government may recover from the owner of anyvehicle, or his agent or servant, any cost and expenses charged orincurred by the Government under this Act or the regulations madeunder this Act for all or any of the following:

(a) the removal, medical attendance and maintenance of anyperson who is or is suspected to be suffering from aninfectious disease and who is removed to any hospital orplace from such vehicle for medical treatment or forisolation or observation;

(b) the burial or cremation of any person who dies of aninfectious disease on such vehicle, or who dies of aninfectious disease after removal to hospital from suchvehicle;

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

(d) the disposal of contaminated articles or infected orcontaminated animals on such vehicle.

(2) Any cost or expenses charged or incurred by the Governmentunder this Act or any regulations made under this Act may, withoutprejudice to any other remedy, be recovered by civil proceedingsas a debt due to the Government.

Exemption

29. (1) The Minister may, by order published in the Gazette ,exempt

(a) any person or class of persons;

(b) any article;

(c) any vehicle;

(d) any human remains, human tissues or part thereof;

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20 Laws of Malaysia A CT 342

(e) any animal; or

(f) any pathogenic organism or substance,

from the operation of any of the provisions of this Act or anyregulations made under this Act.

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

Power to vary Schedule

30. The Minister may, from time to time, by order in the Gazettedelete any provision from or add to, alter or amend the provisionsof the First Schedule.

Power to make regulations

31. (1) The Minister may make regulations, in respect of thewhole or any part of Malaysia, including airports, ports, coastalwaters and land frontiers thereof, for carrying the provisions of

this Act into effect.(2) Without prejudice to the generality of the powers conferred

by subsection (1), regulations under this section may provide forall or any of the following matters:

(a) the establishment and maintenance of facilities on landor sea or at the common frontier of contiguous territoriesfor health measures to be applied to local and internationaltraffic;

(b) regulating the entry and movement of any vehicle andprescribing the measures to which the vehicle shall besubject, to prevent the outbreak of infectious diseases;

(c) regulating

(i) the entry of persons into, their movements within,and their departure from, Malaysia;

(ii) the importation and exportation of articles;

(iii) the importation and exportation of human remains,human tissues or part thereof;




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(iv) the importation and exportation of pathogenicorganisms and substances;

(d) regulating the sanitary standards required for ships andaircraft registered in Malaysia;

(e) regulating the sanitary standards required for ships andaircraft coming into Malaysia;

(f) the duties to be performed by commanders and otherpersons who are or have been on board any vehicle, orwho are desirous of boarding the vehicle, to prevent thespread of infectious diseases;

(g) regulating the sanitary standards required for ports, airportsand their surroundings and the health standards of personsemployed thereat;

(h) regulating quarantine procedures and the management of quarantine stations;

(i) the detention, isolation and observation in a quarantinestation of persons suffering from or suspected to be sufferingfrom an infectious disease;

(j) regulating the cleansing and disinfection of premises

(i) where there has been a case or suspected case of infectious disease; or

(ii) which are suspected of being contaminated withthe agents of infectious disease;

(k) regulating the removal and disinfection or destruction of articles which have been or are suspected to have beencontaminated with the agents of infectious disease;

(l) the prevention and control of the spread of infection byinsects, rodents or other animals;

(m) prescribing sanitary standards and sanitary facilities forpremises;

(n) the inspection of premises and articles therein;

(o) the collection and transmission of epidemiological andhealth information and the compulsory reporting of infectious diseases;




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(p) prescribing the fees to be paid under this Act and theregulations made under this Act;

(q) the payment to the Government of any costs and expensescharged or incurred for the medical attendance andmaintenance of persons removed to hospitals or quarantinestations;

(r) prescribing offences which may be compounded and theprocedure for compounding;

(s) prescribing the forms to be used under this Act and theregulations made under this Act;

(t) such other matters as may appear to the Minister advisablefor the prevention or mitigation of infectious diseases.

Amendment

32. The Lepers Enactment of the Federated Malay States [ F.M.S.Cap. 180 ] is amended by repealing sections 4, 5, 6, 7, 8, 10,subparagraph 11(iv), section 12, subparagraph 13(ii), sections 14,15, 17, 19, 21 and 24 and the Schedule to the Enactment.

Repeals and savings

33. (1) The written laws set out in the Second Schedule arerepealed.

(2) This repeal shall not affect anything duly done or sufferedor any right, privilege, obligation or liability acquired, accrued orincurred under those written laws; and in particular (without prejudiceto the generality of the foregoing) any agreement, appointment,approval, designation, notice or recognition made or given underthose laws shall continue in force and have effect as if it had beenmade or given under this Act.




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F IRST SCHEDULE

[Section 2]

INFECTIOUS DISEASES

PART I

1. Chancroid.

2. Cholera.

3. Dengue Fever and Dengue Haemorrhagic Fever.

4. Diphtheria.

5. Dysenteries (All forms).

5A. Ebola.

6. Food Poisoning.

7. Gonococcal Infections (All forms).

8. Leprosy.

9. Malaria.

10. Measles.

10 A. Myocarditis.

11. Plague.

12. Poliomyelitis (Acute).

13. Rabies.

14. Relapsing Fever.

15. Syphilis (All forms).

16. Tetanus (All forms).

17. Tuberculosis (All forms).

18. Typhoid and Paratyphoid Fevers.

19. Typhus and other Rickettsioses.20. Viral Encephali tis .

21. Viral Hepatitis.

22. Whooping Cough.

23. Yellow Fever.

24. Any other life threatening microbial infection.

PART II

Human Immunodeficiency Virus Infection (All forms)




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SECOND SCHEDULE

[Section 33]

REPEALS

(1) (2) Number Short title

F.M.S. Cap. 185 Quarantine Enactment

F.M.S. Cap. 186 Prevention of Disease Enactment

F.M.S. Cap. 187 Vaccination Enactment

S.S. Ord. 52 of 1939 Quarantine and Prevention of Disease Ordinance

1939

S.S. Cap. 194 Lepers Ordinance

F.M. Ord. 56 of 1950 Quarantine and Prevention of Disease Enactments(Application to Kedah) Ordinance 1950

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 Enactment1935

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 Enactment1356 (Revised Cap.84) (A.H.)

Act 52 Malaria Eradication Act 1971.




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LAWS OF MALAYSIA

Act 342

PREVENTION AND CONTROL OF INFECTIOUSDISEASES ACT 1988

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 FirstSchedule) Order 1995

P.U. (A) 243/1997 Prevention and Control 15-06-1997of Infectious Diseases(Amendment of FirstSchedule) Order 1997




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LAWS OF MALAYSIA

Act 342

PREVENTION AND CONTROL OF INFECTIOUSDISEASES ACT 1988

LIST OF SECTIONS AMENDED

Section Amending authority In force from

First Schedule P.U. (A) 181/1995 26-05-1995

P.U. (A) 243/1997 15-06-1997

DICETAK OLEHPERCETAKAN NASIONAL MALAYSIA BERHAD,KUALA LUMPURBAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA


Adam Haida & Co

act 342 prevention and control of infectious diseases act 1988

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