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LAWS OF SARAWAK
REPRINT
Chapter 30
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2008
Date of Assent
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1
LAWS OF SARAWAK
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Chapter 30
Law
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1.
2.
Interpretation
PART II
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ADMINISTRATION
Administration of Ordinance
4.
5.
6.
7.
8.
Duties of Director
Appeals to Director
Protection of officers
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9.
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3.
PART III
10.
Epidemiological surveys
11.
12.
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Section
Movement of persons from infected areas outside the State
14.
Persons arriving in the State from infected area or having infectious disease
15.
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PART IV
17.
Application of insecticides
18.
Right of entry
19.
20.
Closure of premises
Law
16.
PART V
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FOOD PREMISES
Licensing of food premises
22.
23.
24.
25.
26.
27.
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28.
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21.
13.
PART VI
Section
Insanitary premises
30.
31.
32.
Law
29.
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PART VII
34.
35.
36.
37.
Appeal
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PART VIII
39.
40.
41.
42.
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43.
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38.
44.
45.
Exhumation
46.
Penalty
47.
48.
Unclaimed corpses
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Section
Provisions of toilets
50.
51.
52.
53.
54.
55.
Law
49.
PART X
GENERAL
57.
Powers of seizure
58.
Powers of closure
59.
Obstruction
60.
Conduct of prosecution
61.
Compounding of offences
64.
General penalty
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65.
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63.
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56.
62.
66.
Removal of difficulties
67.
Amendment of Schedule
SCHEDULE
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Designated Trades
PART IX
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LAWS OF SARAWAK
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Chapter 30
Law
PRELIMINARY
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1.
This Ordinance may be cited as the Protection of Public
Health Ordinance, 1999, and shall come into force on such date as the
Minister may, by notification in the *Gazette, appoint.
Interpretation
2.(1)
In this Ordinance
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the
Chief
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practitioner
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(a)
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and
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PART II
ADMINISTRATION
Administration of Ordinance
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4.
The powers conferred by this Ordinance on a local
authority shall, subject to such direction as may be given by the
Minister, be exercised by the Chief Administrative Officer or any
other officer or servant of the local authority, generally or specially
authorized in that behalf by the local authority.
Transfer of powers and duties
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5.
The Yang di-Pertua Negeri may, by Order published in the
Gazette, transfer any of the powers, duties or functions conferred by
this Ordinance, on the Director or a local authority or a public health
officer, to such person or body of persons, as may be specified in the
Order.
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6.
A local authority shall appoint such number of public
health officers as may be necessary for the purpose of the
administration and enforcement of the provisions of this Ordinance.
Duties of Director
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9.
Nothing done by the Director, the Chief Administrative
Officer or any person duly authorized by the Director or Chief
Administrative Officer or any public health officer for the purpose of
carrying out any duty under or provision of this Ordinance shall
subject that person personally to any action, liability, claim or demand
whatsoever.
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PART III
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Epidemiological surveys
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13. Where an area or place outside the State has been declared
as an infected area under either section 6(1) or 10(1) of the Prevention
and Control of Infectious Diseases Act 1988 [Act 342], the Minister
may, by Order published in the Gazette,
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PART IV
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Application of insecticides
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(a) inspect the premises to ensure that the same does not
harbour or have conditions likely to harbour or propagate disease
bearing insects; or
(b) collect, remove or destroy all empty cans, bottles or
other articles which accords conditions or breeding grounds for
disease bearing insects; or
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(e)
17.
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(2) The costs and expenses of carrying out any of the measures
outlined in subsection (1)(b), (c), (d) and (e) shall be borne by the
owner or occupier of the premises:
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PART V
FOOD PREMISES
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25. No person shall hawk, sell or expose for sale any food or
goods of any kind or set up or use any stall, table, showboard, vehicle,
vessel or receptacle for the purpose of hawking, selling or exposing
for sale any food or goods of any kind in any street or part thereof or
in any premises or public place or along any river without first
obtaining a licence from a local authority.
Workers in food premises
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Any person
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(b) The local authority may, by notice in writing, direct that any
person who fails, without reasonable cause, to attend such courses
shall not be permitted to work in a food premises.
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(c)
Any person who fails to comply with a direction issued
under paragraph (b) shall be guilty of an offence: Penalty, a fine not
exceeding one thousand ringgit and, in the case of a continuing
offence, a further fine of fifty ringgit for each day during which the
offence continues.
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(a) enter into and inspect any place which is used, or which
he has reasonable grounds for believing to be used
(i) for the sale, either wholesale or retail, of food or
article intended for human consumption; or
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shall be presumed, until the contrary is proved, to have been sold or,
as the case may be, to be intended for sale for human consumption.
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(a)
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(2) Any person who fails to comply with the Order issued
under subsection (1) shall be guilty of an offence: Penalty a fine not
exceeding three thousand ringgit or imprisonment for a term not
exceeding six months or both such fine and imprisonment.
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PART VII
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(d) the building has proper and adequate facilities for the
storage and disposal of wastes;
(e) in the case of a building which does not have separate
toilet and bathroom for each separate guest room, there is one
toilet for every ten persons and one bathroom for every four
persons, with separate toilet and bathroom for the use of persons
of different sex;
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(f) there are adequate toilets for use by the public in the
common areas of the building with separate toilet for different
sex;
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(b)
bars or lounges;
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(a)
(e)
(f)
27
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Appeal
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37. Any person whose licence issued under this Part has been
revoked, cancelled or suspended or whose application for such licence
or renewal thereof has been refused, by the local authority, may,
within twenty-one days from the receipt of the decision of the local
authority appeal against the same to the Minister whose decision
thereon shall be final and shall not be questioned or reviewed in any
court of law.
PART VIII
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29
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Decomposed corpse
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Unlawful burials
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(b)
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44.
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the Minister may order that the cemetery or crematorium or any part
thereof shall be closed or the licence in respect thereof shall be
revoked, as the case may be, and thereafter it shall not be lawful for
any person to use the cemetery or crematorium or any part thereof for
the burial or cremation of corpses.
31
Exhumation
No corpse shall be exhumed otherwise than
(a)
45.
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43;
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47.(1) No person shall bring into or take out of the State any
corpse or human remains except under and in accordance with the
terms of a permit granted by the Director.
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Unclaimed corpses
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PART IX
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(2) Any person who uses a well that has been closed or who
takes water for human consumption from a source prohibited under
subsection (1) shall be guilty of an offence: Penalty, a fine not
exceeding three thousand ringgit.
Analysis of contaminated food
55.(1) Where the Director or any public health officer has
reasonable grounds to suspect that any food offered for sale or for
public consumption is contaminated, he may, by notice in writing,
order the seizure of such food and deliver the same for analysis by an
analyst in the service of the federal Government or of the Government.
35
PART X
GENERAL
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(b)
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Powers of closure
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and the proceeds thereof shall, after being applied to cover the costs of
such seizure, removal, detention and sale, as the case may be, be
returned to the rightful owner or dealt with in such manner as the court
may order.
Obstruction
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Compounding of offences
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Provided that nothing herein shall affect the past operation of, or
anything done under, a repealed Ordinance including any right,
privilege, licence, proceeding or liability existing at the
commencement of this Ordinance by virtue of the repealed Ordinance.
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Removal of difficulties
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CAP. 30
SCHEDULE
(Sections 2 and 31)
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DESIGNATED TRADES
(b)
(c)
(d)
(e)
(f)
laundry services;
(g)
(h)
(i)
(j)
Sar
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Law
(a)
LAWS OF SARAWAK
LIST OF AMENDMENTS
Amending Law
Short Title
In force from
1.11.2000
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Chapter 30