1 PART I PRELIMINARY-1. Short title, application and commencement

(1) This Act may be cited as the Prevention and Control of Infectious Diseases Act 1988 , and shall apply throughout Malaysia.

(2) 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.

2 PART I PRELIMINARY-2. Interpretation.

(1) In this Act, unless the context otherwise requires:

  "aircraft"  includes every description of craft used in aerial navigation;

  "airport"  means any area of land, water or space designed, equipped, set apart or commonly used for affording facilities for the take-off and landing of aircraft and includes the roof of a building which is designed, equipped or set apart for affording facilities for the take-off and landing of aircraft;

  "article"  means any non-living movable thing including food and drugs and also includes fittings and fixtures;

  "authorized officer"  means any Medical Officer of Health, any Environmental Health Officer, or any suitable person appointed by the Minister under section 3;

["authorized o

3 PART II ADMINISTRATION-3. Appointment of authorised officers.

(1) The Minister may appoint any suitable person to be an authorised officer for the purposes of this Act.

(2) An authorised 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.

(3) An authorised 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.

(4) An authorised officer who contravenes the provisions of 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.

4 PART II ADMINISTRATION-4. Limitation of liability.

(1) Nothing done by any authorised officer for the purpose of executing this Act and the regulations made thereunder shall subject the authorised officer personally to any action, liability, claim or demand whatsoever.

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

5 PART II ADMINISTRATION-5. Police assistance, etc.

Police, customs and immigration officers and officers from other government departments and agencies shall render such assistance as any authorised officer may request for the purpose of enabling him to exercise the powers vested in him by this Act or the regulations made under this Act.

6 PART III PREVENTION OF IMPORTATION OF INFECTIOUS DISEASE-6. Declaration of infected area.

(1) Whenever notification is received under the International Health Regulations that an infected area exists outside Malaysia, the Minister may by order in the Gazette declare such area to be an infected area for the purposes of this Act.

(2) 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.

(3) 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.

7 PART III PREVENTION OF IMPORTATION OF INFECTIOUS DISEASE-7. Entry into and examination of vehicles and the measures thereafter.

(1) An authorised officer may:

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

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

(c) 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.

(2) An authorised 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.

(3) If in the course of a medical examination under subsection (1) an authorised officer finds or has reason to believe that any person is infected or is a contact, he may order such person:

(a) to be removed to a quarantine station and detained therein for iso

8 PART III PREVENTION OF IMPORTATION OF INFECTIOUS DISEASE-8. Time for examination.

(1) Examinations under section 7 shall be conducted at such reasonable time as may be determined by an authorised officer; and the owner of any vehicle, or his agent or servant, shall make such arrangements as may be required by the authorised officer for the examinations to take place.

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

9 PART III PREVENTION OF IMPORTATION OF INFECTIOUS DISEASE-9. Importation or exportation of human remains and pathogenic organism or substance.

(1) No person shall knowingly import into or export out of Malaysia:

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

(b) any pathogenic organism or substance or part thereof,

except in accordance with regulations made under this Act.

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

(3) 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.

10 PART IV CONTROL OF THE SPREAD OF INFECTIOUS DISEASE-10. Requirement to notify infectious disease.

(1) Every adult occupant of any house in which any infectious disease appears, and every person in charge of, or in the company of, and every person not being a medical practitioner attending on, any person suffering from or who has died of an infectious disease shall, upon becoming aware of the existence of such disease, with the least practicable delay notify the officer in charge of the nearest district health office or government health facility or police station or notify the nearest village head of the existence of such disease.

(2) Every medical practitioner who treats or becomes aware of or has reason to believe or suspect 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 any form as determined by the Director General.

[(2) Am. PU(A) 76/2021:s.3]

(3) The

11 PART IV CONTROL OF THE SPREAD OF INFECTIOUS DISEASE-11. Declaration of an infected local area.

(1) If the Minister is satisfied that there is an outbreak of an infectious disease in any area in Malaysia, or that any area is threatened with an epidemic of any infectious disease, he may, by order in the Gazette , declare such area to be an infected local area.

(2) 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.

(3) During the continuance in force of an order made under subsection (1), it shall be lawful for any authorised 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:

(a to treatment or immunisation;

(b) to isolation, observation or surveillance, the period of which being specified according to circumstances; or

(c) to any

12 PART IV CONTROL OF THE SPREAD OF INFECTIOUS DISEASE-12. Infected persons not to act in a manner likely to spread infectious disease.

(1) No person who knows or has reason to believe that he is suffering from an infectious disease shall expose other persons to the risk of infection by his presence or conduct in any public place or any other place used in common by persons other than the members of his own family or household.

(2) 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.

(3) Any person who contravenes this section commits an offence.

(4) 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.

13 PART IV CONTROL OF THE SPREAD OF INFECTIOUS DISEASE-13. Control of contaminated articles and infected animals.

(1) No person who knows or has reason to believe that any article is contaminated or that any animal is infected or contaminated shall give, lend, sell, transmit, use or expose such article or animal without prior disinfection.

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

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

14 PART IV CONTROL OF THE SPREAD OF INFECTIOUS DISEASE-14. Isolation of infected persons and suspects.

An authorised officer may cause any person who is infected or whom he has reason to believe to be infected to be removed to a quarantine station for treatment and may detain the person at the station until he can be discharged without danger to the public.

15 PART IV CONTROL OF THE SPREAD OF INFECTIOUS DISEASE-15. Observation or surveillance of contacts.

(1) An authorised officer may order any contact to undergo observation in such place and for such period as he may think fit, or to undergo surveillance until he may be discharged without danger to the public.

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

15A PART IV CONTROL OF THE SPREAD OF INFECTIOUS DISEASE-15A. Order for wearing tracing device.

(1) An authorized officer may order any person who is infected or whom he has reason to believe to be infected, or any contact, to wear any tracing device provided to him.

(2) The tracing device referred to in subsection (1) shall include a wristband or any device provided by the authorized officer.

(3) Any person who destroys, damages, loses or tampers with the tracing device commits an offence.

[15A. Ins. PU(A) 76/2021:s.4]

16 PART IV CONTROL OF THE SPREAD OF INFECTIOUS DISEASE-16. Order for examination of corpse.

Whenever an authorised officer suspects that a person has died of an infectious disease, he may order the corpse to be conveyed to such place as he may appoint for such examination as he may consider necessary.

17 PART IV CONTROL OF THE SPREAD OF INFECTIOUS DISEASE-17. Disposal of the dead.

(1) Where:

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

(b) an authorised 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 authorised officer.

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

18 PART IV CONTROL OF THE SPREAD OF INFECTIOUS DISEASE-18. Disinfection and closure of premises.

(1) If an authorised officer has reason to believe that there has been a person with an infectious disease on any premises, or that there exist on any premises conditions likely to lead to the outbreak or spread of any infectious disease, he may do any or all of the following:

(a) 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;

(b) 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;

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

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

(e) order the disinfection of all contam

19 PART IV CONTROL OF THE SPREAD OF INFECTIOUS DISEASE-19. Destruction of structures.

(1) A Medical Officer of Health may order the destruction of any structure where a case of infectious disease has occurred if the structure is incapable of being thoroughly disinfected.

(2) The Medical Officer of Health shall report to the Director General every order made under subsection (1)

20 PART IV CONTROL OF THE SPREAD OF INFECTIOUS DISEASE-20. Selling or letting contaminated buildings.

(1) Where an authorised officer is satisfied that there is or has been a case of infectious disease in any building and that it is necessary so to do, he may issue an order prohibiting any person from selling or letting such building or any part thereof without the certificate in writing of an authorised officer certifying that such building, or part thereof, and articles therein:

(a) have been disinfected to the authorised officer's satisfaction; or

(b) need not be disinfected,

as the case may be.

(2) Any person who contravenes any order issued under subsection (1) commits an offence.

(3) For the purpose of this section, "letting" includes the admission of any person into a boarding house as a paying lodger.

21 PART IV CONTROL OF THE SPREAD OF INFECTIOUS DISEASE-21. Power to order disinfection of certain vehicles.

Where an authorised officer is satisfied that any vehicle has been used to convey any person suffering from an infectious disease, the authorised officer may cause such vehicle to be disinfected.

21A PART IV CONTROL OF THE SPREAD OF INFECTIOUS DISEASE-21A. Directions of Director General.

(1) The Director General may issue any directions in any manner, whether generally or specifically, to any person or class of persons to take such measures for the purpose of preventing and controlling any infectious disease.

(2) Any person who contravenes any directions of the Director General issued under subsection (1) commits an offence.

21B PART IVA ENFORCEMENT-21B. Seizable offence.

Every offence punishable under this Act shall be a seizable offence.

21C PART IVA ENFORCEMENT-21C. Power to investigate.

An authorized officer shall have all the powers necessary to carry out an investigation under this Act in accordance with the Criminal Procedure Code [Act 593].

21D PART IVA ENFORCEMENT-21D. Power to furnish information.

An authorized officer may require any person to furnish any information relating to the prevention and control of infectious disease.

21E PART IVA ENFORCEMENT-21E. Power to arrest.

(1) An authorized officer who is authorized by the Minister in writing may arrest any person whom he reasonably believes has committed or is attempting to commit an offence under this Act. (2) For the purposes of subsection (1), the Criminal Procedure Code shall apply.".

22 PART V OFFENCES AND PENALTIES-22. Offences generally.

Any person who:

(a) obstructs or impedes, or assists in obstructing or impeding, any authorised officer in the execution of his duty;

(b) disobeys any lawful order issued by any authorised officer;

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

(d) upon being required to furnish any information under this Act or any regulations made under this Act, gives false information,

commits an offence.

22A PART V OFFENCES AND PENALTIES-22A. Offences by body corporate.

(1) If a body corporate commits an offence under this Act, any person who at the time of the commission of the offence was a director, chief executive officer, chief operating officer, manager, secretary or other similar officer of the body corporate or was purporting to act in any such capacity or was in any manner or to any extent responsible for the management of any of the affairs of the body corporate or was assisting in such management:

(a) may be charged severally or jointly in the same proceedings with the body corporate; and

(b) if the body corporate is found guilty of the offence, shall be deemed to be guilty of that offence 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, consent or connivance; and

(ii) that he had taken all reasonable precautions an

23 PART V OFFENCES AND PENALTIES-23. Prosecution.

Any authorised officer may appear in court and conduct any prosecution with respect to any offence against this Act or any regulations made under this Act.

24 PART V OFFENCES AND PENALTIES-24. General Penalty.

Any person who commits an offence under this Act for which no penalty is expressly provided shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding seven years or to both.

[Subs. PU(A) 76/2021]

25 PART V OFFENCES AND PENALTIES-25. Compounding of offences.

The Director General or any authorized officer authorized for this purpose by the Director General in writing may, with the consent in writing of the Public Prosecutor, at any time before a charge is being instituted, compound any offence under this Act or any regulations made under this Act which has been prescribed by regulations as a compoundable offence by making a written offer to the person reasonably suspected of having committed the offence to compound the offence upon payment to the Director General:

(a) in the case of a person who is an individual, a sum of money not exceeding ten thousand ringgit; or

(b) in the case of a body corporate, a sum of money not exceeding fifty thousand ringgit.

[Subs. PU(A) 76/2021]

26 PART VI MISCELLANEOUS-26. Requisition of premises

(1) Whenever it appears to the Director General necessary for the carrying out of any of the provisions of this Act and the regulations made under this Act, he may in writing authorise any authorised officer to requisition temporarily any premises for such period as in the opinion of the Director General is necessary.

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

(3) 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.

27 PART VI MISCELLANEOUS-27. Seizure and disposal of contaminated articles, etc.

(1) Without prejudice to any other power conferred under this Act, an authorised officer may seize any article which is or is likely to have been contaminated, or which contains or appears to contain any pathogenic organism or substance, and may seize any animal which is or is likely to have been infected or contaminated.

(2) 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 authorised officer may direct.

(3) 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

28 PART VI MISCELLANEOUS-28. Recovery of costs and expenses.

(1) The Government may recover from the owner of any vehicle, or his agent or servant, any cost and expenses charged or incurred by the Government under this Act or the regulations made under this Act for all or any of the following:

(a) 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;

(b) 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;

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

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

(2) Any

29 PART VI MISCELLANEOUS-29. Exemption.

(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;

(e) any animal; or

(f) any pathogenic organism or substance,

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

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

30 PART VI MISCELLANEOUS-30. Power to vary Schedule.

The Minister may, from time to time, by order in the Gazette delete any provision from or add to, alter or amend the provisions of the First Schedule.

31 PART VI MISCELLANEOUS-31. Power to make regulations.

(1) The Minister may make regulations, in respect of the whole or any part of Malaysia, including airports, ports, coastal waters 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 for all or any of the following matters:

(a) the establishment and maintenance of facilities on land or sea or at the common frontier of contiguous territories for health measures to be applied to local and international traffic;

(b) regulating the entry and movement of any vehicle and prescribing the measures to which the vehicle shall be subject, 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

32 PART VI MISCELLANEOUS-32. Amendment.

The Lepers Enactment of the Federated Malay States is amended by repealing sections 4, 5, 6, 7, 8, 10, subsection (iv) of section 11, section 12, subsection (ii) of section 13, sections 14, 15, 17, 19, 21 and 24 and the Schedule to the Enactment

33 PART VI MISCELLANEOUS-33. Repeals and savings.

(1) The written laws set out in the Second Schedule are repealed.

(2) 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, 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.