PROTECTED AREAS AND PROTECTED PLACES ACT …

1 LAWS OF MALAYSIAREPRINTAct 298 PROTECTED AREAS ANDPROTECTED PLACES ACT 1959 Incorporating all amendments up to 1 January 2006 PUBLISHED BYTHE COMMISSIONER OF LAW REVISION, MALAYSIAUNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968IN COLLABORATION WITHPERCETAKAN NASIONAL MALAYSIA BHD20062 Laws of MalaysiaACT 298 PROTECTED AREAS AND PROTECTEDPLACES ACT 1959 First ( OrdinanceNo. 33 of 1959) (Act 298 January 1984)PREVIOUS REPRINTSF irst AREAS and PROTECTED Places3 LAWS OF MALAYSIAAct 298 PROTECTED AREAS AND PROTECTEDPLACES ACT 1959 ARRANGEMENT OF of guards and of orders under sections 4 and seizable and powers in PROTECTED AREAS and PROTECTED measures at PROTECTED AREAS and PROTECTED places4 Laws of MalaysiaACT 298 PROTECTED AREAS and PROTECTED Places5 LAWS OF MALAYSIAAct 298 PROTECTED AREAS AND PROTECTEDPLACES ACT 1959An Act to provide for PROTECTED AREAS and PLACES .

2 [Peninsular Malaysia 1 February 1960, 27/1960;Sabah and Sarawak 16 September 1963, 232/1963]Short Act may be cited as the PROTECTED AREAS and ProtectedPlaces Act this Act authorized officer means (a)any police officer;(b)any person holding a commission in any of the armedforces or in any local force constituted under any writtenlaw or in any visiting forces lawfully present in Malaysia;(c)any member of the armed forces or of any local forceconstituted under any written law or of any visiting forceslawfully present in Malaysia performing the duties of aguard or sentry in any PROTECTED place or PROTECTED areain accordance with orders issued by a person holding acommission in any of the armed forces or of any localforce constituted under any written law or of any visitingforces lawfully present in Malaysia;6 Laws of MalaysiaACT 298(d)any person performing the duties of a guard or watchmanin a PROTECTED place or a PROTECTED area and speciallyauthorized in that behalf by a police officer undersection 3; Chief Police Officer includes a Commissioner of Police vestedwith the control of the Royal Malaysia Police in respect of anyarea or State.

3 PROTECTED area means any area declared to be a PROTECTED areaby virtue of the provisions of section 4; PROTECTED place means any premises declared to be a protectedplace by virtue of the provisions of section of guards and Inspector General of Police, any Chief Police Officer andany police officer of or above the rank of Assistant Superintendentempowered in that behalf by the Inspector General of Police or aChief Police Officer, may authorize any person performing theduties of a guard or watchman in a PROTECTED area or a protectedplace to exercise the powers of an authorized officer under areas4.(1)If as respects any area it appears to the Minister to benecessary or expedient that special measures should be taken tocontrol the movements and conduct of persons therein he may byorder declare the area to be a PROTECTED area for the purposes ofthis Act.

4 (2)Any person who is in any PROTECTED area shall comply withsuch directions for regulating his movement and conduct as maybe given by an authorized officer, and an authorized officer maysearch any person entering, or seeking to enter, or being in, aprotected area , and may detain any such person for the purposeof searching him.(3)If any person whilst in a PROTECTED area fails to comply withany direction given under subsection (2) then, without prejudiceto any proceedings which may be taken against him, he may beremoved from the area by an authorized AREAS and PROTECTED Places7 PROTECTED places5.(1)If as respects any premises it appears to the Minister to benecessary or expedient that special precautions should be taken toprevent the entry therein of unauthorized persons he may by orderdeclare the premises to be a PROTECTED place for the purposes ofthis Act; and so long as the order is in force no person shall bein those premises unless he is in possession of a pass-card orpermit issued by such authority or person as may be specified inthe order, or has received the permission of an authorized officeron duty at those premises to enter the same.

5 (2)Where, in pursuance of this section, any person is grantedpermission to be in a PROTECTED place , that person shall, whileacting under the permission, comply with such directions forregulating his conduct as may be given by the authority or persongranting the permission; and an authorized officer, or any personauthorized in that behalf by the occupier of the premises, maysearch any person entering, or seeking to enter, or being in, aprotected place , and may detain any such person for the purposeof searching him.(3)If any person is in a PROTECTED place in contravention of thissection, or while in such a place fails to comply with any directiongiven under this section, then, without prejudice to any proceedingswhich may be taken against him, he may be removed from theplace by an authorized officer or any person authorized in thatbehalf by the occupier of the premises.

6 (4)Pass-cards or permits issued under subsection (1) shall bein such form as may be specified in the order made thereunder,or in such form as the authority or other person specified in theorder may of orders under sections 4 and any order is made under subsection 4(1) or subsection5(1) the Minister shall cause notice of the effect of that order tobe given in such a manner as he thinks necessary for bringing itto the notice of all persons who in his opinion ought to have noticethereof; and the order shall, notwithstanding subsection 19(1) ofthe Interpretation Acts 1948 and 1967 [Act 388], have effect assoon as the notice has been given, without publication in of MalaysiaACT any person contravenes or fails to comply with any of theprovisions of section 4 or 5 or any order made thereunder or anydirection given or requirement imposed thereunder he shall beguilty of an offence against this Act and shall be liable toimprisonment for a term of two years or to a fine of one thousandringgit or to seizable and offence against the provisions of this Act shall be seizableand non-bailable for the purposes of the law for the time being inforce relating to criminal powers in PROTECTED AREAS and PROTECTED person who attempts to enter or who is in a PROTECTED areaor a PROTECTED place and who fails to stop after being challengedthree times by an authorized officer so to do may be arrested

7 Byforce, which force may if necessary to effect the arrest extend tothe voluntary causing of measures at PROTECTED AREAS and PROTECTED places10.(1)It shall be lawful for the Minister to authorize the takingof such steps as he may deem necessary for the protection of anyprotected area or PROTECTED place , and those steps may extend tothe taking of defensive measures which involve or may involvedanger to the life of any person entering or attempting to enter aprotected area or PROTECTED place .(2)Where any measures such as are referred to in subsection(1) are adopted the Inspector General of Police or the Chief PoliceOfficer of the area or State in which the PROTECTED area or protectedplace is situate, or any person so authorized by the Minister in thatbehalf, shall cause such precautions to be taken, including theprominent display of warning notices, as he deems reasonablynecessary to prevent inadvertent or accidental entry into any suchprotected area or PROTECTED place .

8 And, where such precautionshave been duly taken, no person shall be entitled to compensationor damages in respect of any injuries received or death caused asa result of any unauthorized entry into any such PROTECTED area orprotected AREAS and PROTECTED Places9 LAWS OF MALAYSIAAct 298 PROTECTED AREAS AND PROTECTEDPLACES ACT 1959 LIST OF AMENDMENTSA mending lawShort titleIn force 232/1963 Modification of Laws (Internal16-09-1963 Security and Public Order) (BorneoStates) Order 1963 Act 160 Malaysian Currency (Ringgit) Act29-08-1975197510 Laws of MalaysiaACT 298 DICETAK OLEHPERCETAKAN NASIONAL MALAYSIA BERHAD,KUALA LUMPURBAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIALAWS OF MALAYSIAAct 298 PROTECTED AREAS AND PROTECTEDPLACES ACT 1959 LIST OF SECTIONS AMENDEDS ectionAmending authorityIn force from7 Act 16029-08-1975