TEMPORARY MEASURES FOR REDUCING THE IMPACT OF CORONAVIRUS DISEASE 2019 (COVID-19) ACT 2020

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 829 TEMPORARY MEASURES FOR REDUCING THE IMPACT OF CORONAVIRUS DISEASE 2019 (COVID-19) ACT 2020 As at 15 January 2022 This text is ONLY AN UPDATED TEXT of the Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 (Covid -19) Act 2020 by the Attorney General’s Chambers. Unless and until reprinted pursuant to the powers of the Commissioner of Law Revision under subsection 14(1) of the Revision of Laws Act 1968 [Act 1], this text is NOT AN AUTHENTIC TEXT. 2 TEMPORARY MEASURES FOR REDUCING THE IMPACT OF CORONAVIRUS DISEASE 2019 (COVID-19) ACT 2020 Date of Royal Assent … … … … 16 October 2020 Date of publication in the Gazette … … … … 23 October 2020 Latest amendment made by Act A1641 which came into operation on … … … … 14 January 2022 3 LAWS OF MALAYSIA Act 829 TEMPORARY MEASURES FOR REDUCING THE IMPACT OF CORONAVIRUS DISEASE 2019 (COVID-19) ACT 2020 ARRANGEMENT OF SECTIONS PART 1 PRELIMINARY Section 1. Short title and commencement 2. Modification to Acts and Ordinances 3. Prevailing law 4. Reference to COVID-19 PART II INABILITY TO PERFORM CONTRACTUAL OBLIGATION 5. Commencement of this Part 6. Interpretation 7. Inability to perform contractual obligation 8. Power to amend Schedule 9. Meditation 10. Saving SCHEDULE PART III MODIFICATIONS TO THE LIMITATION ACT 1953 11. Commencement of modifications to the Limitation Act 1953 4 Laws of Malaysia ACT 829 Section 12. Limitation period in section 6 extended PART IV MODIFICATIONS TO THE SABAH LIMITATION ORDINANCE 13. Commencement of modifications to the Sabah Limitation Ordinance 14. Limitation period extended PART V MODIFICATIONS TO THE SARAWAK LIMITATION ORDINANCE 15. Commencement of modifications to the Sarawak Limitation Ordinance 16. Limitation period extended PART VI MODIFICATIONS TO THE PUBLIC AUTHORITIES PROTECTION ACT 1948 17. Commencement of modifications to the Public Authorities Protection Act 1948 18. Limitation period in section 2 extended PART VII MODIFICATIONS TO THE INSOLVENCY ACT 1967 19. Commencement of modifications to the Insolvency Act 1967 20. Modification to the amount of indebtedness 21. Saving PART VIII MODIFICATIONS TO THE HIRE-PURCHASE ACT 1967 22. Commencement of modifications to the Hire-Purchase Act 1967 23. Taking possession of goods comprised in a hire-purchase agreement under section 16 24. Saving Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 (COVID-19)) PART IX MODIFICATIONS TO THE CONSUMER PROTECTION ACT 1999 Section 25. Commencement of modifications to the Consumer Protection Act 1999 26. Modification to section 24V 27. Saving 28. Modification to section 99 PART X MODIFICATION TO THE DISTRESS ACT 1951 29. Commencement of modification to the Distress Act 1951 30. Modification to section 5 31. Saving PART XI MODIFICATIONS TO THE HOUSING DEVELOPMENT (CONTROL AND LICENSING) ACT 1966 32. Commencement of modifications to the Housing Development (Control and Licensing) Act 1966 33. Interpretation 34. Late payment charges 35. Delivery of vacant possession and liquidated damages 36. Defect liability period 37. Saving 38. Modification to section 16N PART XIA ADDITIONAL MODIFICATIONS TO THE HOUSING DEVELOPMENT (CONTROL AND LICENSING) ACT 1966 38A. Interpretation 38B. Late payment charges 38C. Delivery of vacant possession and completion of common facilities 5 6 Laws of Malaysia ACT 829 Section 38D. Taking of vacant possession 38E. Defect liability period 38F. Saving PART XII MODIFICATIONS TO THE INDUSTRIAL RELATIONS ACT 1967 39. Commencement of modifications to the Industrial Relations Act 1967 40. Period for according recognition, making a report and filing of representation 40A. Period for according recognition, making a report and filing of representation from 1 June 2021 to 31 December 2021 40B. Period for according recognition, making a report and filing of representation for employers, trade unions of employers, etc., who or which are in a place that is subject to enhanced movement control order PART XIII MODIFICATION TO THE PRIVATE EMPLOYMENT AGENCIES ACT 1981 41. Commencement of modification to the Private Employment Agencies Act 1981 42. Period for renewal of licence, payment of licence fee and deposit of money guarantee under section 11 PART XIIIA MODIFICATIONS TO THE SABAH LABOUR ORDINANCE 42A. Commencement of modifications to the Sabah Labour Ordinance 42B. Period for making a complaint under subsection 7A(3) 42C. Period for making a complaint under subsection 7A(3) for employees who are in a place that is subject to enhanced movement control order PART XIIIB MODIFICATIONS TO THE SARAWAK LABOUR ORDINANCE 42D. Commencement of modifications to the Sarawak Labour Ordinance 42E. Period for making a complaint under subsection 8A(3) 42F. Period for making a complaint under subsection 8A(3) for employees who are in a place that is subject to enhanced movement control order Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 (COVID-19)) PART XIV MODIFICATIONS TO THE LAND PUBLIC TRANSPORT ACT 2010 Section 43. Commencement of modifications to the Land Public Transport Act 2010 44. Modification to section 21 45. Modification to section 56 PART XV MODIFICATIONS TO THE COMMERCIAL VEHICLES LICENSING BOARD ACT 1987 46. Commencement of modifications to the Commercial Vehicles Licensing Board Act 1987 47. Modification to section 23 48. Modification to section 24 PART XVI MODIFICATIONS TO THE COURTS OF JUDICATURE ACT 1964 49. Commencement of modifications to the Courts of Judicature Act 1964 50. New section 16A 51. Modification to section 17 52. Modification to section 17A PART XVII MODIFICATION TO THE SUBORDINATE COURTS ACT 1948 53. Commencement of modification to the Subordinate Courts Act 1948 54. New section 3A PART XVIII MODIFICATION TO THE SUBORDINATE COURTS RULES ACT 1955 55. Commencement of modification to the Subordinate Courts Rules Act 1955 56. Modification to section 3 7 8 Laws of Malaysia PART XIX MISCELLANEOUS Section 57. Commencement of this Part 58. Extension of time to perform statutory duty or obligation 59. Alternative arrangement for statutory meeting ACT 829 10 LAWS OF MALAYSIA Act 829 TEMPORARY MEASURES FOR REDUCING THE IMPACT OF CORONAVIRUS DISEASE 2019 (COVID-19) ACT 2020 An Act to provide for temporary measures to reduce the impact of Coronavirus Disease 2019 (COVID-19) including to modify the relevant provisions in the Limitation Act 1953, the Sabah Limitation Ordinance, the Sarawak Limitation Ordinance, the Public Authorities Protection Act 1948, the Insolvency Act 1967, the Hire-Purchase Act 1967, the Consumer Protection Act 1999, the Distress Act 1951, the Housing Development (Control and Licensing) Act 1966, the Industrial Relations Act 1967, the Private Employment Agencies Act 1981, the Sabah Labour Ordinance, the Sarawak Labour Ordinance, the Land Public Transport Act 2010, the Commercial Vehicles Licensing Board Act 1987, the Courts of Judicature Act 1964, the Subordinate Courts Act 1948 and the Subordinate Courts Rules Act 1955. [ 23 October 2020 ] ENACTED by the Parliament of Malaysia as follows: PART I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 (COVID-19) Act 2020. Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 (COVID-19)) 11 (2) Except where the date of commencement and period of operation have been provided in respect of the respective Parts in this Act, this Act shall come into operation on the date of publication of this Act and shall continue to remain in operation for a period of two years from such date of publication. (3) Notwithstanding subsection (2), the Prime Minister may, by order published in the Gazette, extend the operation of this Act and the order for extension may be made more than once. (4) An order made under subsection (3) shall be laid before the Dewan Rakyat as soon as practicable after its publication in the Gazette. Modification to Acts and Ordinances 2. The Limitation Act 1953 [Act 254], the Sabah Limitation Ordinance [Cap. 72 (1952)], the Sarawak Limitation Ordinance [Cap. 49 (1958 Ed.)], the Public Authorities Protection Act 1948 [Act 198], the Insolvency Act 1967 [Act 360], the Hire-Purchase Act 1967 [Act 212], the Consumer Protection Act 1999 [Act 599], the Distress Act 1951 [Act 255], the Housing Development (Control and Licensing) Act 1966 [Act 118], the Industrial Relations Act 1967 [Act 177], the Private Employment Agencies Act 1981 [Act 246], the Sabah Labour Ordinance [Cap. 67], the Sarawak Labour Ordinance [Cap. 76], the Land Public Transport Act 2010 [Act 715], the Commercial Vehicles Licensing Board Act 1987 [Act 334], the Courts of Judicature Act 1964 [Act 91], the Subordinate Courts Act 1948 [Act 92] and the Subordinate Courts Rules Act 1955 [Act 55] are modified in the manner specified in Parts III, IV, V, VI, VII, VIII, IX, X, XI, XII, XIII, XIV, XV, XVI, XVII and XVIII respectively. Prevailing law 3. In the event of any conflict or inconsistency between the provisions of this Act and any other written law, the provisions of this Act shall prevail and the conflicting or inconsistent provisions of such other written law shall be deemed to be superseded to the extent of the conflict or inconsistency. 12 Laws of Malaysia ACT 829 Reference to COVID-19 4. In this Act, any reference to “COVID-19” is a reference to “Coronavirus Disease 2019 (COVID-19)”. PART II INABILITY TO PERFORM CONTRACTUAL OBLIGATION Commencement of this Part 5. (1) This Part is deemed to have come into operation on 18 March 2020 and shall continue to remain in operation until 31 December 2020. (2) The Minister may, by order published in the Gazette, extend the operation of this Part, the extension of which shall not exceed the period of operation of this Act provided in subsection 1(2) or any extended period under subsection 1(3), as the case may be. (3) An order under subsection (2)— (a) shall not be made after the expiry period of the operation or the extended operation of this Part, as the case may be; and (b) may be made more than once. (4) An order made under subsection (2) shall be laid before the Dewan Rakyat as soon as practicable after its publication in the Gazette. Interpretation 6. In this Part, “Minister” means the Minister charged with the responsibility for law. Inability to perform contractual obligation 7. The inability of any party or parties to perform any contractual obligation arising from any of the categories of contracts specified in Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 (COVID-19)) 13 the Schedule to this Part due to the measures prescribed, made or taken under the Prevention and Control of Infectious Diseases Act 1988 [Act 342] to control or prevent the spread of COVID-19 shall not give rise to the other party or parties exercising his or their rights under the contract. Power to amend Schedule 8. The Minister may, by order published in the Gazette, amend the Schedule to this Part. Mediation 9. (1) Any dispute in respect of any inability of any party or parties to perform any contractual obligation arising from any contract due to the measures prescribed, made or taken under the Prevention and Control of Infectious Diseases Act 1988 to control or prevent the spread of COVID-19 may be settled by way of mediation. (2) The Minister may determine the mediation process which includes the appointment of a mediator, role of a mediator, conduct of mediation and conclusion of mediation. (3) Upon the conclusion of a mediation and the reaching of an agreement by the parties regarding a dispute, the parties shall enter into a settlement agreement which sha