Infectious disease prevention order differs from emergency proclamation


Subsection 11(1) of the Prevention and Control of Infectious Diseases Act 1988 gives the health minister the power to declare any area as an infected local area. – The Malaysian Insight file pic, July 30, 2021.

THE Prevention and Control of Infectious Diseases (Declaration of Infected Local Areas) (Extension of Operation) (No. 2) Order 2021, which was gazetted on July 21, differs from the proclamation of emergency, according to the Health Ministry (MoH).

In a statement today, MoH said the order was made under subsection 11(1) of the Prevention and Control of Infectious Diseases Act 1988 (Act 342), which gives the health minister the power to declare any area as an infected local area.

“The order, which seeks to extend the declaration of infected local areas, came into effect on March 18, 2020, and has been extended from August 2 to December 31, 2021,” the statement read.

MoH said through the order, the law can be enforced through directives by authorised officers to prevent and control infectious diseases.

The order is also enforced together with regulations under subsection 11(2) to enable the government to enforce, among others, the director-general’s directives and regulations pertaining to the National Recovery Plan, it said.

The order was previously extended for the period of April 1, 2021 until August 1, 2021, which declared all states and federal territories as local areas of infection.

Meanwhile, the MoH said the proclamation of emergency was made by the Yang di-Pertuan Agong under Article 150 of the federal constitution, effective from January 11 to August 1, 2021.

According to the ministry, the revocation of emergency ordinances during the emergency period does not affect the functions of the existing Act 342 to prevent and control infectious diseases.

“All quarters are advised not to make their own interpretations on the order to prevent confusion among the public,” the MoH said. – Bernama, July 30, 2021.


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