Temporary Measures for Reducing the Impact of 1

Coronavirus Disease 2019 (COVID-19) (Amendment)

LAWS OF MALAYSIA

Act A1641

TEMPORARY MEASURES FOR REDUCING THE

IMPACT OF CORONAVIRUS DISEASE 2019
(COVID-19) (AMENDMENT) ACT 2022
2 Laws of Malaysia Act A1641

Date of Royal Assent ... ... 5 January 2022

Date of publication in the ... ... 13 January 2022

Gazette

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 Temporary Measures for Reducing the Impact of 3
Coronavirus Disease 2019 (COVID-19) (Amendment)
LAWS OF MALAYSIA

Act A1641

TEMPORARY MEASURES FOR REDUCING THE

IMPACT OF CORONAVIRUS DISEASE 2019
(COVID-19) (AMENDMENT) ACT 2022

An Act to amend the Temporary Measures for Reducing the

Impact of Coronavirus Disease 2019 (COVID-19) Act 2020.

[ ]

ENACTED by the Parliament of Malaysia as follows:

Short title

1. This Act may be cited as the Temporary Measures for

Reducing the Impact of Coronavirus Disease 2019 (COVID-19)
(Amendment) Act 2022.

Amendment of long title

2. The Temporary Measures for Reducing the Impact of

Coronavirus Disease 2019 (COVID-19) Act 2020 [Act 829],
which is referred to as the “principal Act” in this Act, is amended in
the long title by inserting after the words “the Private Employment
Agencies Act 1981,” the words “the Sabah Labour Ordinance,
the Sarawak Labour Ordinance,”.
4 Laws of Malaysia Act A1641

Amendment of section 2

3. Section 2 of the principal Act is amended by inserting after

the words “[Act 246],” the words “the Sabah Labour Ordinance
[Cap. 67], the Sarawak Labour Ordinance [Cap. 76],”.

Amendment of section 9

4. Section 9 of the principal Act is amended by substituting for

subsection (1) the following subsection:

“(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.”.

New Part XIa

5. The principal Act is amended by inserting after Part XI

the following part:

“Part XIa

ADDITIONAL MODIFICATIONS TO THE HOUSING

DEVELOPMENT (CONTROL AND LICENSING) ACT 1966

Interpretation

38a. In this Part—

(a) “agreement” means an agreement for a contract of sale

for the sale and purchase of housing accommodation
in the forms prescribed in Schedules G, H, I and J
of the Housing Development (Control and Licensing)
Regulations 1989; and
 Temporary Measures for Reducing the Impact of 5
Coronavirus Disease 2019 (COVID-19) (Amendment)
(b) “first agreement” means the first agreement entered
into between a purchaser and developer for a housing
accommodation in relation to a housing development
under one housing developer’s licence and one
advertisement and sale permit.

Late payment charges

38b. (1) In relation to a housing development, notwithstanding

any agreement entered into between a developer and
a purchaser, where due to measures prescribed, made or taken
under the Prevention and Control of Infectious Diseases Act 1988
to control or prevent the spread of COVID-19, the purchaser
fails to pay any instalment for the period from 1 January 2021
to 31 December 2021, the developer shall not impose any
late payment charges in respect of such unpaid instalment
on the purchaser.

(2) Subsection (1) applies only to a purchaser and

a developer of a housing development for which its first
agreement was entered into before 31 May 2021.

Delivery of vacant possession and completion of common

facilities

38c. (1) In relation to a housing development, notwithstanding

any agreement entered into between a developer and a purchaser,
the developer may apply to the Minister for any period
from 1 January 2021 to 31 December 2021 to be excluded
from the calculation of the time for delivery of vacant possession
of a housing accommodation or completion of common
facilities, as the case may be, in the housing development.

(2) Upon considering the application under subsection (1),

the Minister may exclude any period from 1 January 2021
to 31 December 2021 from the calculation of time for delivery
of vacant possession of a housing accommodation or completion
of common facilities if the Minister is satisfied that due to
measures prescribed, made or taken under the Prevention and
6 Laws of Malaysia Act A1641

Control of Infectious Diseases Act 1988 to control or prevent

the spread of COVID-19, the developer was unable to deliver
vacant possession of a housing accommodation or complete
the common facilities in accordance with the agreement.

(3) The Minister shall not consider an application under

subsection (1) if the application is made after the expiry of
the time for delivery of vacant possession or the completion
of common facilities specified under the agreement.

(4) Subsection (1) applies only to a developer of a housing

development for which its first agreement was entered into
before 31 May 2021.

(5) For the purposes of assessing the liquidated damages

due to the failure of the developer to deliver vacant possession
of a housing accommodation or complete the common
facilities, the period excluded by the Minister under
subsection (2) shall not be taken into account.

Taking of vacant possession

38d. Notwithstanding any agreement entered into between

a developer and a purchaser, where due to measures prescribed,
made or taken under the Prevention and Control of Infectious
Diseases Act 1988 to control or prevent the spread of
COVID-19, the purchaser is unable to take possession of
a housing accommodation from the date of service of a notice
to take vacant possession from the developer during the period
from 1 June 2021 to 31 October 2021 or any excluded period
granted under subsection 38 c (2), the purchaser shall not
be deemed to have taken such vacant possession.

Defect liability period

38e. Notwithstanding any agreement entered into between

a developer and a purchaser, in relation to any housing
development, the period from 1 June 2021 to 31 October 2021
shall be excluded from the calculation of—

(a) the defect liability period after the date the purchaser
takes vacant possession of a housing accommodation;
 Temporary Measures for Reducing the Impact of 7
Coronavirus Disease 2019 (COVID-19) (Amendment)
(b) the defect liability period after the date of
completion of common facilities; and

(c) the time for the developer to carry out works to repair
and make good any defect, shrinkage and other faults
in a housing accommodation and common facilities.

Saving

38f. (1) Any exclusion or extension which has been granted

under sections 38 b , 38 c , 38 d and 38 e shall not affect
any exclusion or extension which has been granted under
sections 34, 35 and 36.

(2) The modifications in sections 38b, 38c, 38d and 38e

shall not affect any legal proceedings commenced, or any
judgment or award obtained, to recover late payment charges
payable by the purchaser or liquidated damages payable
by the developer or any other sum during the period
from 24 October 2020 until the date immediately before the
coming into operation of this Part.

(3) Notwithstanding sections 38b and 38c, any late payment

charges that has been paid by the purchaser or liquidated
damages that has been paid by the developer immediately
before the coming into operation of this Part shall be deemed
to have been validly paid under the Housing Development Act
(Control and Licensing) 1966 and its regulations, and such
payment shall not be refunded to the payer.”.

Substitution of section 39

6. The principal Act is amended by substituting for section 39

the following section:

“Commencement of modifications to the Industrial Relations

Act 1967

39. (1) This Part, except sections 40a and 40b, is deemed to
have come into operation on 18 March 2020.
8 Laws of Malaysia Act A1641

(2) Section 40a is deemed to have come into operation

on 1 June 2021.

(3) Section 40b is deemed to have come into operation

on 10 June 2020.”.

New sections 40a and 40b

7. The principal Act is amended by inserting after section 40

the following sections:

“Period for according recognition, making a report and filing

of representation from 1 June 2021 to 31 December 2021

40a. The period from 1 June 2021 to 31 December 2021

shall be excluded from the calculation of the period under
the Industrial Relations Act 1967 for according recognition
or notifying the trade union of workmen concerned in writing
the grounds for not according recognition under subsection 9(3),
the making of a report in writing to the Director General for
Industrial Relations under subsection 9(4) and the filing of
representation under subsection 20(1a).

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

40 b . (1) The period which any employer, trade union of

employers, trade union of workmen or workman is in a
place that is subject to an enhanced movement control order
shall be excluded from the calculation of the period under
the Industrial Relations Act 1967 for according recognition or
notifying the trade union of workmen concerned in writing the
grounds for not according recognition under subsection 9(3),
the making of a report in writing to the Director General for
Industrial Relations under subsection 9(4) and the filing of
representation under subsection 20(1a).
 Temporary Measures for Reducing the Impact of 9
Coronavirus Disease 2019 (COVID-19) (Amendment)
(2) For the purposes of subsection (1), “enhanced movement
control order” refers to directions given by an authorized
officer under subsection 11(3) of the Prevention and Control
of Infectious Diseases Act 1988.”.

Substitution of section 42

8. The principal Act is amended by substituting for section 42

the following section:

“Period for renewal of licence, payment of licence fee and

deposit of money guarantee under section 11

42. The period from 18 March 2020 until the expiry period
of the operation or any extended operation date of this Act,
but shall not exceed 31 December 2022, shall be excluded
from the calculation of the period—

(a) for submitting an application for the renewal of licence

under subsection 11(1) of the Private Employment
Agencies Act 1981; and

(b) for making payment of the licence fee and depositing

the money guarantee under subsection 11(3)
of the Private Employment Agencies Act 1981.”.

New Parts XIIIa and XIIIb

9. The principal Act is amended by inserting after Part XIII

the following parts:

“Part XIIIa

MODIFICATIONS TO THE SABAH LABOUR ORDINANCE

Commencement of modifications to the Sabah Labour

Ordinance

42 a . This Part is deemed to have come into operation

on 1 June 2021.
10 Laws of Malaysia Act A1641

Period for making a complaint under subsection 7a(3)

42b. The period from 1 June 2021 until the expiry period
of the operation or any extended operation date of this Act,
but shall not exceed 31 December 2022, shall be excluded
from the calculation of the period for making a complaint
to the Director of Labour under subsection 7 a (3) of
the Sabah Labour Ordinance.

Period for making a complaint under subsection 7a(3) for

employees who are in a place that is subject to enhanced
movement control order

42c. (1) The period which any employee is in a place that

is subject to an enhanced movement control order shall
be excluded from the calculation of the period for making
a complaint to the Director of Labour under subsection 7a(3)
of the Sabah Labour Ordinance.

(2) For the purposes of subsection (1), “enhanced movement

control order” refers to directions given by an authorized
officer under subsection 11(3) of the Prevention and Control
of Infectious Diseases Act 1988.

Part XIIIb

MODIFICATIONS TO THE SARAWAK LABOUR ORDINANCE

Commencement of modifications to the Sarawak Labour

Ordinance

42 d . This Part is deemed to have come into operation

on 29 May 2021.

Period for making a complaint under subsection 8a(3)

42e. The period from 29 May 2021 to 31 October 2021 shall

be excluded from the calculation of the period for making
a complaint to the Director of Labour under subsection 8a(3)
of the Sarawak Labour Ordinance.
 Temporary Measures for Reducing the Impact of 11
Coronavirus Disease 2019 (COVID-19) (Amendment)
Period for making a complaint under subsection 8a(3) for
employees who are in a place that is subject to enhanced
movement control order

42f. (1) The period which any employee is in a place that

is subject to an enhanced movement control order shall
be excluded from the calculation of the period for making
a complaint to the Director of Labour under subsection 8a(3)
of the Sarawak Labour Ordinance.

(2) For the purposes of subsection (1), “enhanced movement

control order” refers to directions given by an authorized
officer under subsection 11(3) of the Prevention and Control
of Infectious Diseases Act 1988.”.

Amendment of section 59

10. Subsection 59(1) of the principal Act is amended by

substituting for the words “9 June 2020” the words “31 December 2021”.