Prison Act 1995

Original Language Title: Prison Act 1995

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JW513905 Text BM tiny 1Penjara laws of MALAYSIA Act 537 REPRINTING Prison Act 1995 Contains all amendments to 1 October 2009 PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 2009 2 laws of Malaysia ACT 537 Prison Act 1995 date of Assent............... 19 October 1995 date of publication in the Gazette......... 2 November 1995 3Penjara laws of MALAYSIA Act 537 Prison Act 1995 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title 2. Interpretation part II ESTABLISHMENT and administration 3. Power to declare prison 4. Existing building declared as prison 5. Description of the prison in the writ, etc.
6. The earmarking category jail for prisoners 7. Setting of the lock-up at the police station and Courthouse as a place of detention 8. The temporary prison 9. The administration of the prison PART III OFFICERS 10. Appointment of officers 11. The absence or inability of the Commissioner General 12. Permanent Commissioner General order 13. The duties of the Commissioner General 14. Medical officer and Dental Officer for prison 4 laws of Malaysia ACT 537 section 15. Duties of medical officer and Dental Officer 16. Terms and conditions of appointment 17. Prison officer 18. Weapons, equipment, etc.
19. Services in Malaysia or on a vessel, aircraft, etc.
19A. Served outside Malaysia 20. Compliance with law and order is valid 21. Prison officer deemed to be public servants 22. Use of weapons 23. Prison officers have the authority police officer 24. Police assistance during emergency, 25. Prison officials cannot be members of trade unions of PART IV of the CARE and REMOVAL of PRISONER 26. The care of 27. The surrender of the person detained in the warrant 28. The surrender of persons detained in remand 29. Officer shall detain the person dikomitkan 30. Submission before the Court 31. The power of the Commissioner General of the order the production of the particular case 32. Removal and transfer of prisoner 33. Transfer of prisoners sentenced to death 34. Order relating to a prisoner transferred 35. Evidence of 36. Inmate mental celaru 37. Prisoners who were sick 38. Return to prison 39. Liabilities due to escape 40. The duty to assist in preventing pleasure 41. Special care in hospital 42. Vessels moving 5Penjara Section 43. The release of prisoners in 44 license. Remission of sentence 45. The release of prisoners 46. Power saving of High Court DIVISION IVA PAROLE 46A. Interpretation for the purpose of Part IVA 46B. The establishment of the Parole Board 46C. The power of the Parole Board 46D. Person diparol subject to this section 46E. Eligible for parole 46F. Matters to be dealt with by the Parole Board before making the order of 46G. Proceedings before the Board of Parole 46H. The decision of the Board of Parole 46I. Prisoners undergo direct undergoing sentence of parole be deemed to 46J. Parole officer job 46K. Responsibility of person diparol 46L. change of district parole 46M. Suspension and revocation of Parole Order 46N. Effect of revocation of Parole 46O Order. The current period of non diparol people are not counted as part of the punishment part V DISCIPLINARY PRISON JOBS and 47. The effects of imprisonment 48. Scheme for prisoners to engage in employment 49. Segregation of prisoners 50. The sentence for the offence of prison officer in charge of 51. Express a sentence of 52. Prisoners can make his defence 53. Prosecution for the offence of 6 laws of Malaysia ACT 537 PART VI OFFENCES Section 54. Offence of supply prison 55. The payment of money are prohibited from 56. Delivery of uniforms, etc., during stop 57. Possession, sale or supply of articles supplied to prison officers, etc., of the unlawful 58. Smuggling of prohibited articles into prison 59. General penalty PART VII FUND GIFT PRISON 60. Prison Officer Gift Fund 61. The use of the funds of the 62. Administration of Fund PART VIIA CADET PRISON 62A. The establishment of the Cadet Prison 62B. Members of the Cadet Prison PART VIII GENERAL 63. Prison officer subject to disciplinary regulations 64. Judge Visitors 65. 66 Visitors Judge duties. Visits by a judge, magistrate, etc.
67. Regulation 68. Provision for revocation, savings and transitional 7Penjara the FIRST SCHEDULE SECOND SCHEDULE of the THIRD SCHEDULE of the FOURTH SCHEDULE 8 laws of Malaysia ACT 537 9Penjara laws of MALAYSIA Act 537 Prison Act 1995 an act to consolidate and amend the law relating to prisons, prisoners and related matters.
[18 January 1996, P.U. (B) 24/1996]
BE IT enacted by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: part I preliminary short title 1. This Act may be cited as the Prison Act 1995.
Interpretation 2. (1) in this Act, unless the context otherwise requires — "prisoner" means a person, whether convicted or not, confined in a prison and in relation to convicted prisoners, including the released prisoners in parole;
"young prisoners" means a prisoner under the age of twenty-one years;
10 laws of Malaysia ACT 537 "limited diet prescribed" means a scale of diet as prescribed from time to time for the purpose of section 50;
"prescribed" means prescribed by or under this Act and if the authority is not required by the Minister;
"registered dentist" means a dentist registered under the Dental Act 1971 [Act 51];
"Judge Visitor" means a member of the Board of judges of the visitors appointed under section 64;
"mental hospital" means a hospital established for acceptance and confinement celaru mental under section 30 Mental Disorders Ordinance 1952 [Ord. 31 1952], and includes a hospital approved gazetted under the Mental Health Ordinance 1961 [Sarawak Ord. 16 1961] and an infirmary under Ordinance Mad 1961 [Sabah Cap. 74];
"sentence of imprisonment" means a sentence either suffered in solitary confinement in a prison or suffered in parole, and includes an original sentence passed by a court as well as a sentence rendered in alleviation;
"Committee" means the Gift Fund Committee established Prison Officer under section 62;
"small prison offence" and "great offence" means a prison offence committed by a prisoner against prison discipline and specified in the regulations made under this Act;
* "Commissioner" means the Commissioner of Prisons appointed under subsection 10 (2);
* "General Commissioner" means the Commissioner General of Prisons appointed under subsection 10 (1);
* NOTE — All reference to the Director General and Deputy Director General of Prison Jail in any written law or in any instrument, deed, title, documents, bonds, agreements and working arrangements that exist immediately before the date of coming into operation the prison (Amendment) Act 2008 [Act A1332], shall, at the date of commencement of the Act A1332, interpreted as a reference to Commissioner General of Prisons and Prison Commissioner respectively – see section 4 A1332 Act and P.U. (B) 260/2008.
11Penjara "Fund" means the Fund Gift Prison set up under section 60;
"Court" means a court established by or under Part IX of the Constitution and shall include — (a) the Syariah Court;
(b) Native Courts; and (c) the military courts;
"Minister" means the Minister charged with the responsibility for prison;
"prison officer" means an employee of the Prison Department uniform and includes the rank of Commissioner General of Prisons down up to and includes any person Wadar;
"Medical officer" and "Dental Officer" means a medical officer or Dental Officer, as the case may be, appointed under section 14;
"police officer" has the meaning assigned to it under the Police Act 1967 [Act 344];
"Low Prison Officer" means an officer in prison of any rank and includes someone Sub Inspector Prison down up to and includes any person Wadar;
"Officer in charge" means a jail officer not below the rank of Assistant Commissioner of Prisons in charge of a prison;
"Registrar" includes the Chief Registrar, Deputy Registrar, Senior Assistant Registrar, Assistant Registrar, and the Registrar of the subordinate courts, according to the requirements of the State;
"registered medical practitioner" means a medical practitioner registered temporarily under section 12 or the full registered under section 14 the medical Act 1971 [Act 50], as the case may be;
"prison" means any House, building, an enclosure or place, or any part thereof, declared as a prison under section 3 and shall include land 12 laws of Malaysia ACT 537 and building an enclosure around the prison as well as land and other land or buildings owned or merged with it and used by prisoners;
"The Permanent Commissioner General Order" means a fixed Order issued by the Commissioner General may from time to time;

"competent authority" means any person or authority vested with the power to mengkomitkan someone to prison under any written law;
"weapon" means any batons, firearms, Ammo is, and includes any tool specified by the Commissioner-General;
"firearm" has the meaning assigned to it under the Firearms Act 1960 [Act 206];
"Commission" means the public service Commission established under Article 139 of the Constitution;
"workplace" means a place where prisoners required by the Commissioner General to work for the restoration of prisoners, which the work carried out under the supervision of an officer of the prison.
(2) for the purposes of the interpretation of "young prisoners" in subsection (1), it shall include deteriorating — (a) is not a young prisoner as defined under the Ordinance repealed by this Act;
(b) is under the age of twenty-one years; and (c) is undergoing a period of imprisonment passed before this Act comes into power.
PART II the ESTABLISHMENT and ADMINISTRATIVE Power to declare prison 3. The Minister may, by notification in the Gazette, declare any House, building, an enclosure or place, or any part thereof, as a prison for 13Penjara purposes of this Act for imprisonment or detention of a person in custody is valid and can be the same way declare that any such imprisonment shall cease as a prison for the purposes of this Act.
Existing building declared as prison 4. Subject to any declaration made under this Act, the building on start the currency of this Act shall be deemed to be used as a prison as a prison within the meaning of this Act.
Description of the prison in the writ, etc.
5. Any writ, warrant, or other legal means that it may have to certain prisons, described something of any description which sets a prison by reference the name of the place or town where it is located, or any other, the description definitely must be valid and sufficient for all purposes.
Earmarking jail for category 6 prisoners. (1) the Commissioner General may, from time to time, by order: (a) assign particular prison — (i) to implement the separation of different categories of prisoners;
(ii) for the training of different categories of prisoners; or (iii) for any other reason;
(b) restrict the category of prisoners in certain prisons.
(2) an inmate of the category for which a prison to be provided can be sent and imprisoned lawfully in jail is even a warrant or order for imprisonment the prisoner was issued by a court that had no jurisdiction usually at the place where the prison is located.
14 laws of Malaysia ACT 537 Setting lock-up at the police station and Courthouse as a place of detention 7. (1) it shall be lawful for the Minister may, by notification in the Gazette, to set the lock-up at any police station and Courthouse as stated in the notification as a place of confinement for direman people, or sentenced to any period of imprisonment, not exceeding one month, as specified in each case.
(2) a prison labor designated as a place of confinement under subsection (1) — (a) it shall not be deemed to be a prison for the purposes of this Act, or the Act of registration of Criminals and Unwanted People 1969 [Act 7] and regulations made under this Act does not apply to him;
(b) shall be deemed to be a prison for the purposes of Chapter XXVII criminal procedure code [Act 593] or the debtor's Act 1957 [Act 256].
Prison while 8. (1) whenever the Commissioner Generals found — (a) that the number of prisoners in a prison is more than the number of reasonably can be placed in the prison and that is not suitable for transferring the same number more that to another prison; or (b) that by reason of the outbreak of a disease in a prison or for any other reason which makes it necessary to provide temporary protection and safe custody of any prisoners, he may, with the approval of the Minister, directs in writing for the protection and safe custody in prison while so many prisoners who could not be accommodated with appropriate or safe in imprisonment.
15Penjara (2) a prison while under subsection (1) is a prison for the purposes of this Act.
(3) a prisoner is moved to a prison while under subsection (1) shall, if the reason for moving the stalled, returned to the prison of it he removed if the pemenjaraannya has not been exhausted.
(4) the direction or order made or given by the Commissioner General under subsection (1) shall be for a term not exceeding three months.
(5) Notwithstanding subsection (4), the duration of any direction or order made under subsection (1) may, with the approval of the Minister, be extended for an additional period not exceeding three months at any time and the extension shall not in any case exceed the total duration of nine months.
The prison administration 9. (1) subject to the provisions of the Constitution relating to the jurisdiction, powers and functions of the Commission and the order of the Minister made under this Act, the care and General Administration of prisons and control and general instructions on prison officers throughout Malaysia shall be vested in the Commissioner General.
(2) the Commissioner General may from time to time make such transfers and direct recruitment and distribution of prison officer as he may deem fit.
PART III OFFICERS appointment of officers 10. (1) the Yang di-Pertuan Agong may appoint a Commissioner General of Prisons for Malaysia.
16 laws of Malaysia ACT 537 (2) there shall be appointed a long number of Prison Commissioner, who is an officer of the prison, and so the number of prison officers as may be necessary for carrying out the provisions of this Act.
(3) the Senior Officer Ranks for the prison and the prison was Low Officers as specified in the first schedule.
The absence or inability of the Commissioner General 11. (1) if the Commissioner General not available or inability, the powers and duties of Commissioner General under this Act or any regulations made thereunder may be exercised and carried out by the Commissioner of Prisons who is authorised in writing by the Commissioner General.
(2) if the Commissioner of Prisons there is no or inability, the powers and duties of Commissioner General shall be exercised and performed by officers of the Prison Department in terkanan prison.
Fixed Order Of Commissioner General 12. Commissioner General can create and issue orders, called Regular Order Commissioner General not inconsistent with this Act or any regulations made under the Act.
The Duties Of The Commissioner General 13. (1) Commissioner General shall — (a) periodically visit and inspect, or cause to be visited and inspected, all prisons in Malaysia;
(b) to supervise and control all matters relating to any prison, which his administration is vested in them; and (c) is responsible to the Minister in respect of — (i) conduct and pemerlakuan officials and prisoners under his control; and 17Penjara (ii) appropriate compliance officer or the prison and prisoner are provisions of this Act and all other written law relating to prisons or prisoners.
(2) subject to order of the Commissioner General, the officer in charge shall be — (a) to supervise and control all matters relating to any prison, which his administration is vested in them; and (b) is responsible to the Commissioner General for — (i) conduct and pemerlakuan officials and prisoners under his control; and (ii) appropriate compliance officer or the prison and prisoner are provisions of this Act and all other written law relating to prisons or prisoners.
(3) the Commissioner General may, in writing, delegate the exercise of any power or performance of any of its duties under this Act to any prison officer — (a) subject to such conditions or limitations as the Commissioner may think fit General; and (b) with the exception of matters relating to migration officials, manufacturing and production Order permanent, and any functions delegated by the Commission to the Commissioner-General in accordance with clause (6) of article 144 of the Federal Constitution.
Medical officer and Dental Officer for prison 14. (1) the Minister charged with the responsibility for health services shall, whenever the circumstances allow, appoint personnel from the Ministry of health, a medical officer and a Dental Officer in respect of each prison.
18 laws of Malaysia ACT 537 (2) if circumstances do not permit an appointment under subsection (1), the Minister charged with the responsibility for health services can appoint any registered medical practitioner or registered dentist or Dental Officer medical officer for any prison time.

(3) the officer in charge shall deal with the Ministry of health or the local Health Department for the execution of the duties of an officer or Medical Dental Officer by another person if a medical officer or Dental Officer is unable to perform his duties due to — (a) pain; (b) temporary absence; or (c) for any other reason.
Duties of medical officer and Dental Officer 15. An officer of the medical and Dental Officer appointed under section 14 shall be under the control and supervision of Commissioner General while in prison and shall perform any duties that may be prescribed.
Terms and conditions of appointment 16. An officer of the prison to be appointed under this Act shall be subject to the terms and conditions of service applicable to him at the date of his appointment.
Prison officer 17. A prison shall perform such duties as may be prescribed.
Weapons, equipment, etc.
18. a prison officer shall be given any weapons, equipment, uniforms and other equipment as may be prescribed by the Commissioner-General as necessary for the performance of its duties efficiently.
19Penjara Service Malaysia or on a vessel, aircraft, etc.
19. a prison officer shall be bound to serve in any part of Malaysia or on any vessel, aircraft, train or any other vehicle that prisoners are being transported.
Served outside Malaysia 19A. The Minister may require any officer of the jail to serve outside of Malaysia.
Compliance with law and order valid 20. A prison shall meet the strictly all laws and regulations relating to prisons and prisoners, and shall comply with all lawful orders of his seniors, whether given orally or in writing or produced in the form of a fixed order of Commissioner General.
Prison officer deemed to be public servants 21. Commissioner General, medical officers, Dental Officers and prison officer appointed under this Act or under any regulations made under the Act shall be deemed to be public servants within the meaning of the Penal Code [Act 574].
Use of weapons 22. (1) subject to subsection (2), a prison officer may use weapons against deteriorating — (a) the escape or attempted escape and if the prison officer has reasonable grounds to believe that he otherwise could not prevent pleasure or attempt to escape it;
20 laws of Malaysia ACT 537 (b) engaged in — (i) an act civil commotion together; or (ii) an attempt to mengopak or break open any doors, gates or walls blockades prison; or (c) who uses violence against a person and if the prison officer has reasonable grounds to believe that the person's life or limb is in danger, or that other seriously injured might be going to happen to that person.
(2) a prison officer shall warn a prisoner that he will menembaknya before using the firearm in the circumstances referred to in subsection (1).
(3) no prison officer may, in the presence of an officer of his seniors, using firearms against deteriorating in terms of acts of civil commotion or attempt to escape except under order of the senior officers: provided that the prison officer may use firearms in circumstances where it is not reasonably practicable to obtain an order from a superior officer and that the situation presented to the officials.
(4) the use of weapons under this section shall, as far as possible, to get rid of ability and not to kill.
(5) a police officer while acting upon nature as a guard escorts or guards in or around a jail or prison labor for the purpose of ensuring safe custody over deteriorating shall be subject to the provisions of this section.
Prison officers have the authority police officer 23. Subject to any provision to the contrary, an officer in prison during such acts shall be in his Office has all the power, his access, protection and special features of a police officer.
Police Assistance during emergency 21Penjara 24. (1) the Commissioner General may, in an emergency or in the interest of public safety, asked for the help of the Royal Malaysian Police.
(2) the police officer helps under subsection (1) shall be headed by a senior officer of the police and all police officers of such shall be under the control and supervision of the Commissioner General or any other prison officer duly authorised exclusively for that purpose.
Prison officials cannot be members of trade unions 25. (1) for the purpose of allowing officials to consider, and lead to the attention of the Government on all matters affecting their welfare or efficiency, including salaries, pensions and conditions of service, other than a question of discipline and promotion involving individuals, then may be established a society which shall be operated and administered in accordance with regulations made by the Minister.
(2) an association that is established under subsection (1) shall be entirely independent of and not linked to any group of persons outside the Prisons Department and shall be deemed to be not of a trade union within the meaning of the trade unions Act 1959 [Act 262], and shall be exempted from the provisions of the Societies Act 1966 [Act 335].
(3) subject to subsection (1) and (2), no prison officer may be a member of any trade union or association having for its purpose or as one of its purpose or control which affect salaries, pensions or prison terms of service.
(4) a prison officer who contravenes subsection (3) commits an offence and shall, on conviction, liable to a fine not exceeding one thousand dollars.
22 laws of Malaysia ACT 537 (5) any question as to whether a body that was the Trade Union or of an association to which this section applies shall be determined by the Minister.
(6) an association that was established before the currency of this Act under section 27A Prison Ordinance 1952 [Ord. P.T.M. 81/1952] shall be deemed an association established under subsection (1) until the dissolution of the Association.
PART IV Of The CUSTODY And REMOVAL Of PRISONER Custody 26. (1) a prisoner of — (a) confined in any prison shall be deemed to be in legal custody of the prison officer;
(b) shall be subject to the discipline of prison and to all applicable law relating to prisons or prisoners and to order a permanent Commissioner General within pemenjaraannya, whether he is in the area of the prison or not; and (c) while in the custody of or under the control of an officer imprisonment — (i) when taken to prison or jail;
(ii) whenever he is working outside the prison; or (iii) otherwise be outside the confines of prison, shall be deemed to be in prison and shall be subject to all the same conditions as if he actually were in prison.
(2) where a prisoner has escaped from lawful custody, the current period of non is not counted as part of the punishment being practiced at the time he fled.
23Penjara submission of the person detained in warrant 27. (1) any person detained under a warrant or an order of the court having jurisdiction civil or criminal shall be brought before the Court that issued the warrant or the order.
(2) if the Court under subsection (1) are not met, the person shall be given to an officer in charge for intermediate care.
(3) the officer in charge shall cause the person brought before the Court at the next Conference so that the person can be managed according to law.
The surrender of persons detained in remand 28. (1) a person charged with a crime or offence, and direman to a jail term by the Court or competent authority, must be submitted to the officer in charge of the prison along with the warrant of remand.
(2) the officer in charge shall be — (a) withhold or cause to be submitted to the Court or competent authority; or (b) release, those submitted under subsection (1) in accordance with the terms of the warrant.
Officer shall detain the person dikomitkan 29. An officer in charge must put and hold someone who has dikomitkan accordingly into its custody by any court or competent authority in accordance with the terms of the warrant or order of which that person has been dikomitkan or until the person becomes acquitted according to the travel law accordingly.
24 laws of Malaysia ACT 537 Submission before the Court 30. (1) whenever a person's presence is required to convict in a court having jurisdiction civil or criminal, the Court may issue an order in the prescribed form addressed to the officer in charge of the prisoner which requires submission on time and at the place specified in the order.

(2) upon receipt of the order, the officer shall cause the prisoners named in the order is taken as directed and shall give him custody while he is not in prison.
(3) If a delay on matters for which the presence of the prisoner was required, the Court may, by endorsement on the order, require that a prisoner is brought back at the time and place specified in the order.
(4) an order of the Federal Court, the Court of appeal or the High Court may be signed by the Registrar of the Court, and if issued by any other court shall be signed by a sessions Court judge, magistrate, the Registrar or any other officer of the principal court, as the case may be.
The power of the Commissioner General of the order the production in certain matters 31. (1) Commissioner General of — (a) may, upon being satisfied that there are reasonable grounds that require the presence of deteriorating in any place in Malaysia; or (b) shall, upon the presence of deteriorating required for the purposes of any inquiry, by order in writing, direct that the prisoner be brought to that place.
25Penjara (2) a prisoner brought from a jail under subsection (1) shall, while outside the jail, placed in such care as directed by the Commissioner General, by order in writing, and while in custody shall be deemed to be in legal custody.
Removal and transfer of 32 prisoners. (1) the Commissioner General may, by order in writing, removing or transferring all or any prisoner confined in a prison to another prison.
(2) no prisoners moved under subsection (1) while in the custody of a prison officer is deemed to have escaped even though he brought to different jurisdictions or to different brackets.
(3) for the purposes of this section, it is not necessary to identify deteriorating through the names in the order, but is sufficient to describe the prisoners by saying the nationality or his sentence or with any other similar general description.
Transfer of prisoners sentenced to death 33. Deteriorating passed death sentences that have been ordered by the Yang di-Pertuan Agong, the King or Yang di-Pertua Negeri that carried out may, by order of the Commissioner General, be transferred to any other prison, to undergo his sentence there.
Order relating to a prisoner transferred 34. An order in relation to sentence someone prisoner transferred under section 32 or 33 shall have effect as if the order had been directed to the prison to which the prisoner is sent.
26 laws of Malaysia ACT 537 Description 35. (1) an order or warrant made or issued by the Minister or Commissioner General pursuant to this Act shall — (a) admissible in evidence in all courts without further proof; and (b) be evidence of the facts stated therein.
(2) any act done pursuant to an order or warrant made or issued under subsection (1) shall be deemed to have been authorized by law.
Inmate mental celaru 36. (1) where a prisoner undergoing sentence of imprisonment or a sentence to death found mentally by the Commissioner General celaru upon confirmation of a medical officer, Commissioner General shall, by order in writing, direct that the prisoner be moved, placed and treated in a mental hospital or other suitable safe custody in Malaysia and placed in situ and treated as directed by the Commissioner General.
(2) an order issued under subsection (1) shall be an authority for acceptance of the prisoner and for as in mental hospital or elsewhere in Malaysia until diverted or released as hereinafter provided.
(3) If a prisoner detained in a mental hospital under subsection (1) is, in the opinion of a medical officer of the mental hospital, not to mention mental celaru, the medical officer shall report accordingly to the Commissioner General.
(4) upon receipt of the report, Commissioner General shall, by order in writing — (a) order the return of the prisoners to the prison he has moved them or to any other prison if the pemenjaraannya has not been exhausted; 27Penjara or (b) direct that the prisoner pemenjaraannya acquitted if the period has run out.
(5) where a prisoner detained under subsection (1) is, in the opinion of a medical officer of the mental hospital, still celaru mental and imprisonment to which a prisoner is detained have been — (a) in the case of * Peninsular Malaysia, section 46 Mental Disorders Ordinance 1952 shall apply to the prisoner as if he was detained for a certificate granted under section 42 of the Ordinance;
(b) in the case of federal territory of Labuan, as necessary, any provision of Mental Disorders Ordinance 1952 as extended to the Federal territory of Labuan by the Yang di-Pertuan Agong, shall apply;
(c) in the case of Sabah, subsection 70 (4) to (14) Prisons Ordinance 1956 [Sabah Ord. 7 1956] shall apply; and (d) in the case of Sarawak, subsection 34 (4) to (14) Prisons Ordinance [Sarawak Cap. 24] shall apply.
(6) the time taken in discharging any removal under this section and the period of time that prisoners detained in the mental hospital shall be calculated as part of the period of imprisonment.
Prisoners who were sick 37. (1) in the case where a prisoner confined in prison suffer from serious pain that imprisonment does not have adequate facilities for the treatment of prisoners that, officer in charge, or in his absence, the prison officer on duty next terkanan, may, on the recommendation of a medical officer, make an order for the removal of such prisoner to a government hospital.
(2) If no medical officer to issue a certificate for the purposes of subsection (1), the officer in charge, or in his absence, the prison officer on duty next terkanan, may make an order for the removal of such prisoner to a government hospital, without a certificate of a medical officer. NOTE — All references to "West Malaysia" shall be deemed to be references to "West Malaysia" – see the interpretation (Amendment) Act 1997 [Act A996], subsection 5 (2).
28 laws of Malaysia ACT 537 (3) if in the opinion of the medical officer of a government hospital that it is necessary for deteriorating moved to the Government under subsection (1) or (2) to be included and remain in the Government hospital, government hospital medical officer shall send a certificate stating the fact that the officer in charge of a prison inmate has been moved from it — (a) at the time the prisoner is admitted to the Government hospital; and (b) at the time the prisoner discharged from the Government hospital.
Return to jail 38. (1) where a prisoner is moved to hospital under section 37 is, in the opinion of a medical officer of the hospital, no longer needs to remain in the hospital, then the medical officer shall send a certificate stating the facts to the officer in charge of a prison inmate has been diverted from them.
(2) upon receipt of the certificate referred to in subsection (1), the officer in charge shall cause the prisoner is brought back to prison if he still be confined in the prison.
Liabilities due to escape 39. If a prisoner escaped while he was in a hospital, there are prison officers can be charged with the pleasure that unless the prisoners were placed in the custody of officials with specific imprisonment.
The duty to assist in preventing pleasure 40. (1) it shall be the task of the medical officer of the hospital where one prisoner was moved under section 37 so give all assistance to ensure that the necessary precautions to prevent pleasure prisoners undergoing treatment in a hospital that had been taken.
29Penjara (2) is valid for medical officer in subsection (1) to take any necessary measures to prevent prisoners from escaping: provided that nothing is to be taken to prevent deteriorating escape can be taken which, in the opinion of a medical officer, is likely to be harmful to the health of the prisoner.
Special care in hospital 41. If due to the severity of the offence hence a prisoner can be in custody or for any other reason, the officer in charge of the opinion it is desirable to take special measures for safety deteriorating while undergoing treatment in a hospital, officer in charge may, if there is no officer of the prison, placing the prisoner in custody two or more than two people are fit and proper , one of whom shall reside with the prisoners at all times — (a) which shall be vested with the powers and his access to do all things necessary to prevent prisoners from escaping; and

(b) which are responsible for the safe custody of the prisoner — (i) until the time the prisoners handed over to an official prison when he was allowed out of the hospital; or (ii) until the time when the prisoner incarceration period runs out, whichever happens first.
Vessels moving is 42. (1) if necessary for the purposes of this part to move any prisoners out of Malaysia by the sea or over the air, he shall be diverted through a vessel or aircraft may be prescribed for that purpose by the Commissioner General.
30 laws of Malaysia ACT 537 (2) the time taken in discharging such removal shall be calculated as part of the period of imprisonment.
The release of prisoners in 43 license. (1) subject to any regulations made by the Minister, Commissioner General may, at any time if he thinks fit, release in licence and upon such conditions as may be specified in the licence, a prisoner who is undergoing such term of imprisonment.
(2) the Commissioner General may, at any time — (a) modify or cancel conditions referred to in subsection (1); or (b) by order, calling back to jail someone prisoner released in a licence under subsection (1) but without prejudice to the powers of the Commissioner-General to release the prisoner of the license.
(3) If a prisoner called back under paragraph (2) (b), his/her license shall cease to have effect and he shall, if there is still free, be deemed to be the unlawful and shall, on conviction, be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding two years or to both.
(4) a prisoner who fails to comply with any conditions of the licence issued to him under subsection (1) shall, on conviction, be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Remission of sentence of 44. (1) with a view to encouraging good behavior and craft and to facilitate pemerlakuan recovery, one prisoner who was sentenced to prison for more than a month, is entitled to be given a remitan of his sentence.
31Penjara (2) all or any part of the remitan one prisoner is entitled to be, when performing an offence under section 50 or an offence relating to parole, cancelled by the Commissioner General: provided that in any case even forfeiture of remitan exceed the amount earned at the time of the offence.
(3) the Commissioner General may return to a prisoner all or any part of the remitan that have been forfeited while undergoing his sentence.
(4) a prisoner given remitan part of his sentence to be released expiration so much of his sentence remaining after the cut part of the sentence is remitted.
The release of 45 prisoners. (1) an officer in charge, or in his absence, the prison officer on duty next terkanan, shall be responsible for the release of prisoners appropriate once he became entitled to release, either because of — (a) the expiration period of his sentence;
(b) payment of a fine;
(c) forgiveness;
(d) the commutations of sentence; or (e) remitan punishment.
(2) subject to the approval of the Commissioner General of the Government's expense and deteriorating released accordingly from prison according to this section may be returned to the place where the prisoner is normally lived.
Power saving of High Court 46. Nothing in this Act shall be considered to reduce or affect the power of the High Court judge to order the 32 laws of Malaysia ACT 537 people confined in any prison brought before the Court under the provisions of chapter XXXVI criminal procedure code.
* PART IVA PAROLE Interpretation for the purposes of Part IVA 46A. For purposes of this part, unless the context otherwise requires — (a) "District parole" means parole district as determined by the Minister;
(b) "Parole Board" means the Board of Parole which was established under section 46B;
(C) "person diparol" means a prisoner released on an order of Parole;
(d) "parole" means the release of deteriorating to undergo any part of the sentence outside prison pemenjaraannya according to a Parole Order;
(e) "parole officer" means any prison officer not below the rank of Inspector in prison who are assigned to perform any duties that may be prescribed under this part;
(f) "the Parole Board Chairman" means the Chairman of the Parole Board appointed under paragraph 46B (2) (a); and (g) "the parole Order" means the order of release in parole made by a Parole Board.
The establishment of the Board of Parole 46B. (1) there shall be established so the number of the Parole Board to exercise all the powers, perform all the duties of the * ENTRY — a prisoner undergoing sentence of imprisonment at the date of coming into operation the prison (Amendment) Act 2008 [Act A1332] is eligible to be considered to receive parole – see section 14 Act A1332 and P.U. (B) 260/2008.
33Penjara and perform all functions as provided under this Act.
(2) a Parole Board shall consist of the following members who shall be appointed by the Yang di-Pertuan Agong: (a) a Chairman from among the members of the judicial and legal service;
(b) a senior prison officer;
(c) a senior police officer;
(d) a senior welfare officer; and (e) three members of the public.
(3) every Member shall hold office for a term of three years and shall be eligible for re-election.
(4) the appointment of any member of a Board of Parole may be revoked by the Yang di-Pertuan Agong at any time without assigning any reason therefor.
(5) a member of a Board of Parole may at any time resign his Office by a written notice addressed to the King of Petuan.
(6) a Board of Parole shall be convened as and when necessary, at any time and in any place which shall be decided by the Chairman of the Parole Board.
(7) the quorum of a Parole Board was a Conference of five members including the Chairman of the Parole Board.
(8) every Member present at a Conference of a Parole Board shall be entitled to one vote and any decision of the Parole Board shall be determined by majority vote.
(9) in the event of equality of votes, the Chairman of the Parole Board shall have a casting vote, in addition to votes usually.
(10) subject to this Act and any directions of the Minister a Parole Board may regulate its own procedure.
34 the laws of Malaysia ACT 537 Parole Board Power 46C. (1) with a view to encouraging good behavior and craft and to facilitate recovery pemerlakuan deteriorating, a Parole Board shall have the following powers: (a) to decide whether to release prisoners in parole a person applying for parole;
(b) to suspend or cancel an order Parole;
(c) to add any conditions or vary any of the conditions of a Parole Order;
(d) to conduct an inquiry in respect of any matter relating to parole;
(e) to examine any prisoners for the purpose to obtain additional information relating to an application for parole or for any other reason deemed fit by the Board of Parole; and (f) to exercise and perform any other functions and duties as determined by the Minister.
(2) a Parole Board may establish the Secretariat as deemed necessary by him and expedient to assist it in the implementation of its functions and duties and exercise of its powers under this Act.
Person diparol subject to this section 46D. Notwithstanding section 29, an order may be issued to Parole any prisoners eligible for parole which was dikomitkan into the custody of an officer in charge under that section and where any Parole Order is issued, the prisoner is subject to and shall be dealt with under this section.
Eligible for parole 46E. (1) a prisoner who is undergoing a sentence of imprisonment for any offence specified in the fourth schedule is not eligible for parole.
35Penjara (2) the Minister may by order published in the Gazette amend the fourth schedule.
(3) subject to subsection (4), (5) and (6), an inmate is eligible for consideration to receive parole — (a) if he is sentenced to a minimum of one year of imprisonment for any offence other than an offence specified in the fourth schedule;
(b) subject to subsection (7), after she underwent at least seperdua from the period of the pemenjaraannya regardless of remitan the punishment given to him under section 44; and (c) after she underwent a rehabilitation program approved by the Commissioner General while undergoing sentence pemenjaraannya.
(4) where there is a charge against any prisoner for any offence, other than an offence specified in the fourth schedule, that is pending in any court, the prisoner is eligible for consideration to receive parole only after a final decision is made against the pending charge.

(5) where there is an appeal in relation to any offence, other than an offence specified in the fourth schedule, that is still pending in any court in respect of any prisoner, the prisoner is eligible for consideration to receive parole only after a final decision is made against the pending appeal.
(6) if any of the prisoners have the right to obtain forgiveness in relation to any offence, other than an offence specified in the fourth schedule, the prisoners are eligible for consideration for parole received only — (a) after the case was first brought before a Board of Pardons, unless he is released with forgiveness, law or legal tug relieved by the Yang di-Pertuan Agong or King or Yang di-Pertua Negeri of a State , as the case may be; or 36 laws of Malaysia ACT 537 (b) subject to subsection (7), after she underwent at least seperdua from the period of the pemenjaraannya regardless of remitan the punishment given to him under section 44, whichever is later.
(7) for the purposes of paragraph (3) (b) and (6) (b) — (a) in relation to any period of imprisonment suffered at the same time, seperdua from seperdua from imprisonment means imprisonment longest suffered the same time; and (b) in relation to any period of imprisonment suffered consecutive, seperdua from the period of imprisonment means seperdua of the total period of imprisonment suffered in a row that.
(8) Despite deteriorating has given remitan a sentence under section 44, it does not affect the eligibility of the prisoner to be considered to receive parole.
Matters to be dealt with by the Parole Board before making Order 46F. In deciding whether or not to release any prisoners in parole, Parole Board — (a) shall examine and evaluate dosir parole from prison officer in respect of the prisoner and any other reports prepared by any prison officer in respect of an application for the release of the prisoners in parole; and (b) shall take into account the following: (i) the need to protect the security of the community;
(ii) the need to maintain public confidence in the administration of Justice;
(iii) the nature and circumstances of the offence in relation to a sentence on the prisoner;
(iv) criminal record of the prisoner;
37Penjara (v) risk prisoners perform again any offence if he is released in parole;
(vi) a prisoner may be adjusting to the life of ordinary people;
(vii) the possible impact on victims prisoners and families, if the released prisoners in parole;
(viii) in the case of foreign prisoners, the existence of the parole system or other similar systems in the country; and (ix) any other matter as may be found relevant by the Board of Parole.
Proceedings before the Board of Parole 46G. (1) where a Parole Board found that the presence of deteriorating apply for parole is necessary, the Parole Board can serve a notice to the prisoner in order to appear before the Parole Board at the time and place specified in the notice.
(2) a prison Officer shall make the necessary arrangements to determine the presence of the prisoner in front of the Parole Board.
(3) if the prisoner is unable to appear before a Parole Board, due to illness or to attend any court proceedings or any other reasonable excuse, he may submit representations in writing to the Parole Board.
(4) all proceedings before the Board of Parole under this section shall be conducted confidentially and no legal representation on behalf of prisoners allowed.
The Parole Board Decision 46H. (1) where a Parole Board makes a decision to not release the deteriorating in parole, the Parole Board shall notify the decision written notice — (a) to the Commissioner-General;
38 the laws of Malaysia ACT 537 (b) to the officer in charge of the prison in which the prisoner undergoing sentence pemenjaraannya; and (c) to the prisoners concerned.
(2) a prisoner may apply again to get parole six months after the date of the decision of a Parole Board not to release it in parole.
(3) where a Parole Board decided to release someone prisoner in parole, the Parole Board shall issue an order which sets out the date of Parole release in parole and parole district a place where people diparol will undergo parole subject to such conditions as may be determined by the Board of Parole.
(4) a copy of the parole Order must be served upon the Commissioner — (a) General; (b) the officer in charge of the prison in which the person undergoing sentence diparol pemenjaraannya immediately before the parole date of order;
(c) the parole officer responsible for the parole district a place where people diparol will undergo parole; and (d) the person concerned diparol.
Prisoners undergo direct undergoing sentence parole characterized 46I. (1) a person is deemed to undergo the sentence diparol pemenjaraannya during the period of parole — (a) beginning on the date of release in parole set out in order of Parole; and (b) that ends when finished the sentence pemenjaraannya taking into account the many remaining of his sentence after his sentence cut from any part of remitan the punishment given, or when the parole Order is suspended or revoked.
(2) the term of parole specified in subsection (1) shall be calculated as part of the period of imprisonment.
39Penjara parole officer Duties 46J. diparol (1) in respect of which an order has been issued shall Parole Officer prison to the place where the diparol people are undergoing parole and placed under the responsibility of a parole officer.
(2) diparol shall be placed under the care and supervision of a parole officer during the period of parole.
(3) At any time when a warrant or order issued by a court requiring production of diparol people, or upon an order issued by the Commissioner General, requiring a person to person diparol to appear anywhere outside the District of parolnya, on any other reasonable excuse, the satisfaction of the Commissioner-General, shall be the duties of a parole officer to cause to people diparol named in the warrant or order is carried to places as directed and to providing safe custody for the diparol people.
(4) a parole officer shall cause to be maintained a register relating to the person diparol in parolnya district that contains any details and in such form as the Minister may determine.
(5) subject to any provision to the contrary, a parole officer must follow his post while acting upon nature therefore has all the power, his access, protection and special features of a police officer.
Responsibility of person diparol 46K. Shall be the responsibility of the person diparol — (a) to report to parole officer at any time and any date as directed by an officer parole from time to time;
(b) to remain in the place specified in the order of Parole;
40 laws of Malaysia ACT 537 (c) to permit an officer parole if the diparol people want to visit places outside the district parole place where people diparol that is currently undergoing parolnya;
(d) to make employment was arranged or agreed by the parole officer;
(e) to follow any program for pemulihannya as organized or directed by a parole officer;
(f) to comply with the order of Parole; and (g) to comply with such conditions, orders and other instructions as may be conferred by the Board of Parole or parole officer.
Change of district parole 46L. (1) an application may be made by a parole officer responsible for the person diparol or by diparol to the Parole Board for a change of district parole people diparol.
(2) a Parole Board may, when satisfied with the reason application to change parole district, allowing the application subject to such conditions as may be imposed by the Parole Board and issue a notice of the authorization. (3) a copy of the notice under subsection (2) shall be served on the Commissioner — (a) General; (b) the officer in charge of the prison in which the person undergoing sentence diparol pemenjaraannya immediately before the parole date of order;
(c) the parole officer responsible for the parole district for diparol immediately before the conversion of the diparol district parole people;
(d) the parole officer responsible for the parole district a place where people diparol will undergo conversion parole parole according to the district; and (e) those diparol may be.
41Penjara Suspension and revocation of Parole Order 46M. (1) where a parole officer found that one person diparol has failed to comply with any of the provisions of section 46K or any of the conditions specified in an order, the parole officers Parole — (a) shall submit a report to the Board of Parole via manage his loyal; and (b) shall deploy the diparol people in the custody of the officer in charge of the prison nearest.
(2) a Parole Board can suspend a Parole Order —

(a) upon receipt of a report from an officer of parole that one person diparol has failed to comply with any of the provisions of section 46K or any of the conditions specified in an order of Parole; or (b) if the Parole Board has reason to believe that the Parole Order has been issued upon false or misleading information.
(3) a Parole Board can serve a notice on the person diparol to appear before the Parole Board for an inquiry and the diparol that can make representation to the Parole Board.
(4) a Board of Parole shall examine and evaluate any report submitted by an officer with respect to the parole people diparol that have failed to comply with any of the provisions of section 46K or any of the conditions specified in an order the parole, and any representations made by the diparol.
(5) Notwithstanding subsection (3) and section 52, a Parole Board may revoke a Parole Order at any time, without giving people diparol the right to make any representations — (a) if the person diparol the commit any offence and charged in any court for the offence; or the 42 laws of Malaysia ACT 537 (b) if the person diparol that left the parole district without the permission of an officer of parole.
(6) if the Parole Board is satisfied that the diparol has failed to comply with any provision of section 46K or any of the conditions specified in an order the Parole Board Parole may — (a) impose further conditions on the Parole Order;
(b) alter the conditions of the existing order of Parole; or (c) revoke the Parole Order.
Effect of revocation of Parole Order 46N. (1) If an order is cancelled, unless the Parole of the prisoner is in the order of the non Parole characterized with unlawful under subsection (3), the prisoner shall be placed under the care of a parole officer and shall be sent to the handover of the prison nearest to the custody right away. (2) the officer in charge shall as soon as practicable cause to prisoners in subsection (1) are moved, transferred or taken to jail where she is undergoing punishment pemenjaraannya immediately before the parole Order issued for the remainder of his sentence.
(3) where the parole Order is revoked pursuant to paragraph 46M (5) (b), and if the person diparol was still independent, people diparol it shall be deemed to the unlawful and shall, on conviction, to imprisonment for a term not exceeding two years.
(4) if the person diparol convicted under subsection (3) punished by imprisonment, such imprisonment shall commence either immediately or upon the expiration of the previous pemenjaraannya sentence, as directed by the Court that imposes the sentence.
(5) when any Parole is revoked Order, all or any part of the remitan that deteriorating is entitled may be revoked by the Commissioner General.
43Penjara the current person diparol not counted as part of the sentence 46O. If one person diparol be deemed to be the illegal, the current period of non is not counted as part of the period of imprisonment that are being practiced at the time he was free.
Part V DISCIPLINARY PRISON JOBS and the impact of imprisonment 47. (1) a prisoner who passed or to be passed a sentence of imprisonment during the period of his sentence that is the subject of — (a) to imprisonment depending on he released in parole; and (b) to carry out any work as directed by the officer in charge and, to the extent practicable, the work shall be carried out — (i) in groups;
(ii) outside the cell;
(iii) outside the confines of prison as may be approved by the Commissioner General.
(2) the medical officer may certify a person as prisoners — (a) is not healthy and recommend that the prisoner be exempted from work; or (b) healthy only to undertake lightly.
(3) a prisoner under subsection (2) shall only be required to perform any work designated as light work.
44 the laws of Malaysia ACT 537 scheme for prisoners to engage in employment 48. (1) for the purpose of enabling prisoners, other prisoners referred to in section 49, to take the lucrative job while they are undergoing their sentence, the Minister may introduce a scheme and the prisoner may at the option of their own to take part in the scheme.
(2) an inmate who take jobs under the scheme referred to in subsection (1) — (a) may, notwithstanding any order made by a court for pengkomitan the prisoner, brought out the limitations of the prison every day to perform the work; and (b) shall, at all times be deemed to be in prison and subject to all the same conditions as if he actually were in prison.
Segregation of prisoners 49. (1) a prisoner of — (a) confined under civil process;
(b) detained in remand accused of doing something criminal or error;
(c) that dikomitkan to be tried; or (d) confined because there are no guarantor, usually cannot be mixed with prisoners undergoing imprisonment or required to work more than any work reasonably fit for taking care of themselves and dress in perfect condition and keep the place clean dianya confined.
(2) where a prisoner under subsection (1) choose to work during the period he was confined, he shall receive payment for the job by any rate can be set from time to time.
45Penjara (3) a young prisoner shall, to the extent permitted by local conditions, placed separate from adults in custody.
(4) if the officer finds that it is appropriate for the deteriorating situation and are separated to maintain good discipline for a prison or for any other reason, then it shall be lawful for such officer ordered the prisoners segregated for such period as he may deem necessary.
The sentence for the offence of prison officer in charge of 50. (1) an officer in charge, or in his absence, the prison officer terkanan the next duly authorised by the officer in charge, can punish deteriorating found guilty guilty small prison after running the appropriate investigation with memerintahkannya undergo one or more of the following penalties: (a) reprimand;
(b) reduction levels;
(c) delay increases levels;
(d) forfeiture of privileges;
(e) the removal of income scheme;
(f) the reduction of grade income;
(g) forfeiture of remitan does not exceed such amount as may be determined;
(h) confinement in a separate cell with a restricted diet prescribed for a period not exceeding any period specified.
(2) the punishment referred to in paragraph 1 (b) to (f) shall be for such period as may be prescribed.
46 laws of Malaysia ACT 537 (3) where an officer in charge, or in his absence, the prison officer terkanan the next duly authorised by the officer in charge, found guilty of the deteriorating Bloomer prison after running the appropriate investigation, then Officer in charge, or in his absence, the prison officer terkanan the next duly authorised by the officer in charge of that, can punish the prisoner by memerintahkannya undergo one or more of the punishments listed in subsection (1) or in addition to or in lieu thereof, impose a sentence of whipping with cane, not more than the prescribed number of strokes all along: provided that any sentence of whipping ordered shall be subject to confirmation by the Minister.
Express a sentence of 51. Officer shall be recorded in a register which shall be open for inspection of Visitors Judge a record punishment imposed by it on prisoners showing, in respect of each prisoner punished, the prisoner's name, type of his guilt and extent of punishment.
Prisoners can make his defence 52. No prisoner can be punished until he was given the opportunity to — (a) to hear the allegations or complaints against him and the evidence supporting the accusations or the complaint; and (b) to make his defence and to request giving evidence to support a defence of it.
Prosecution for the offence of 53. Nothing in this Act shall be construed as excluding any prisoner of the actions taken against any offence through the exercise of common law, but no prisoner can be punished twice for the same offence.
47Penjara PART VI OFFENCES Offences of supply prison 54. (1) no prison officers, medical officers, Dental Officers or the staff employed by the Prison Department may — (a) directly or indirectly, have any financial interest in the purchase of supply prison;
(b) accept or had any financial dealings with prisoners or of prisoners of any discounts, gift or consideration other than the contractor, or vendor, supply the prison;
(c) sell or supply any articles for or for the use of deteriorating or a prison;
(d) receive, directly or indirectly —

(i) any gains or benefits from sale or supply; or (ii) any interest in any contract or agreement for the sale or supply, any article to or for the use of deteriorating or a prison.
(2) no prison officers, medical officers, Dental Officer or employee who is employed by the Department of prisons can make any unauthorized contact with a person for any purpose in subsection (1).
(3) any person who contravenes this section commits an offence and shall, on conviction, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or both.
(4) in this section references to sell or supply include respectively a reference to offers for sale or offer to supply and also provide rental and offers to provide rental services.
48 laws of Malaysia ACT 537 Payment money prohibited 55. (1) no money or other consideration may, for any reason whatsoever, payable, paid, given or promised, to a prison officer, a medical officer or Dental Officer, staff employed by the Prison Department, by or on behalf of someone prisoner, whether at the time he or she — (a) put in;
(b) dikomitkan to;
(c) continue to be in;
(ca) released in parole from; or (d) released from prison, something.
(2) a prison officer, a medical officer or Dental Officer, staff employed by the Prisons Department, which receive or request from or on behalf of a person a prisoner of — (a) any money or other consideration;
(b) the promise of money or other consideration;
(c) carrying out any service in return for accepting or promised money or other consideration for any purpose mentioned in subsection (1) commits an offence and shall, on conviction, liable to a fine of ten thousand ringgit or to imprisonment for a term not exceeding five years or both.
Delivery of uniforms, etc., during stop 56. (1) a, when it ceases to be a prison officer, shall immediately deliver to the officer in charge of the prison, which he served at the time he quit as an officer in prison, every article of clothing, uniforms and weapons, equipment and every other type of goods that belong to the Government.
49Penjara (2) a prison officer who fails to comply with subsection (1) commits an offence and shall, on conviction — (a) a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both; and (b) in addition, may be charged to pay the value of any articles that are not presented, which value shall be recovered as if it was a penalty.
Possession, sale or supply of articles supplied to prison officers, etc., of the unlawful 57. (1) any person, who is not an official prison, that — (a) without a valid authorization, purchase or receive or appears to own and failed to explain satisfactorily will be his possession of — (i) something that has been supplied to a prison for the execution of its work; or (ii) a medal or star given to an officer of the prison service or good behavior;
(b) without a valid authorization, manufacture, sell, provide, offer to sell or supply a good facsimile for — (i) a badge or device which is used to indicate that one is a prison officer or show the rank of an officer in prison; or (ii) a medal or star given to an officer of the prison service or good behavior;
50 laws of Malaysia ACT 537 (c) by unlawful wear, use or display other than organize shows stage or other theater performances — (i) the uniform of an officer in prison;
(ii) a badge or device to show that he is an officer of the prison; or (iii) the clothes resemble or have a specific uniform of an officer in prison, commits an offence and shall, on conviction, liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both.
(2) a prison officer who sell or disclose — (a) any article which has been supplied to him or to any officer of the prison for the execution of work;
(b) any medal or star is given to an officer of the prison service or good behavior, commits an offence and shall, on conviction, liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both.
Smuggling of prohibited articles into prisons 58. (1) a person who menyeludupkan or attempting to smuggling a prohibited article into or out of a prison commits an offence and shall, on conviction, liable to a fine not exceeding ten thousand ringgit or * * imprisonment for a term not exceeding five years or both.
(2) in this section, "prohibited articles" means any drug, alcohol or money and includes any tool or article as may be prescribed by the Commissioner General may from time to time.
* NOTE — before "two thousand dollars and imprisonment for a term not exceeding six months" – see section 18 Prisons (Amendment) Act 2008 [A1332 Act].
51Penjara General Penalty 59. A person who commits an offence under this Act or any regulations made under the Act for which there are no penalty expressly provided shall, upon conviction, to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding six months or to both.
PART VII FUND GIFT PRISON OFFICER Gift Fund Officials 60. (1) there shall be established a fund to be known as Prison Officer Gift Fund (hereinafter referred to as the Fund) which shall be operated as a trust account in the Consolidated Fund.
(2) the Fund shall consist of — (a) all emoluments which dilucuthakkan by and all fines imposed on prison officers in any disciplinary proceeding;
(b) all grants, donations, gifts and contributions made to or for the Fund;
(c) all money or other property which can in any way may be paid to or diletakhakan in the Fund; and (d) all money — (i) that seized; or (ii) which pemunyaannya t not known and found, during a search in a prison.
52 laws of Malaysia ACT 537 61 Fund Usage. Subject to the regulations made under this Act, the Fund shall be used for the purposes of — (a) the prison officer awarded for action efforts and determination of excellence or for skills in carrying out any duties of the Department requiring the wisdom or ability;
(b) providing officials for any act of courage to be praised who therefore lives were saved or property was protected from loss or destruction;
(c) obtain comfort, facilities and other benefits, which cannot be applied to public revenue, for prison officers, former prison officer who resigned in a pension, gratuity or allowance or persons wholly or partly depend on the prison officers who have died or former prison officer at the time of his death; and (d) providing any person it deems fit by the Committee for any act of courage which distinguished that it lives were saved or property was protected from loss or destruction.
62 Fund Administration. (1) there shall be established a Gift Fund Committee which shall organize Prison Fund that.
(2) the Committee shall consist of members of the following: (a) Commissioner General as Chairman;
(b) two Senior prison officers shall be appointed by the Minister; and (c) two public officers shall be appointed by the Minister.
53Penjara (3) subject to the regulations made under this Act, the Committee shall have power to regulate its proceedings.
(4) No person shall carry on an activity to collect money for the Fund without the prior written consent of the Committee.
(5) any person who contravenes subsection (4) commits an offence.
PART VIIA CADET Cadet Establishment PRISON Prison 62A. A body known as the Cadet Prison shall be established for any area in the country, as determined by the Minister, which shall consist of a long number of senior officers of the Cadet prison, low officer Cadet prison and Cadet.
Members Of The Cadet Prison 62B. The following persons may apply to join the Cadet Prison: (a) any person who is under the age of twenty-one years and not more than fifty years, and which is not a member of the Malaysian Prison Department or any team established under any written law, which meet the criteria as determined by the Minister;

(b) any person who is a registered student of any educational or training institutions follow the field of study or education full time or part time in an institution of training or education that, as determined by the Minister, after consultation with the Minister responsible for the education or training institutions; and 54 laws of Malaysia ACT 537 (c) any student from any secondary school as defined under the Education Act 1996 [Act 550], as determined by the Minister after consultation with the Minister responsible for education.
PART VIII GENERAL prison subject to disciplinary regulations 63. (1) prison officers shall be subject to regulations relating to discipline that can be made from time to time by the Yang di-Pertuan Agong under clause (2) of article 132 of the Federal Constitution.
(2) for the purposes of this section, any regulations in force shall be only force and effect in so far as the regulations do not conflict with any regulations referred to under subsection (1).
Judge Solo * 64. (1) the Minister shall, for every two years, appoint for each State and the Federal District a Board called the Board of judges of the Visitor for which any Senior Magistrate of each State and the Federal District shall be a member ex officio.
(2) the Minister may determine the payment of allowances for members of the Board of judges of the Visitor.
Duty Judge Visitors 65. (1) a judge of the Visitor may — (a) at any time, visit any prison in the State or the Federal District for which he is appointed;
* NOTE — notwithstanding anything to the contrary, the Board of Visitors Judge who held office before the date of coming into operation of subsection (1) of this section shall continue to hold office until the expiration of their appointment – see subsection 21 (2) of the Prison Act (Amendment) 2008 [Act A1332] and P.U. (B) 260/2008.
55Penjara (b) check the wards, cells, courtyards and rooms and other parts of the prison;
(c) inspect and test the quality and quantity of food the prisoners;
(d) to hear complaints of prisoners, if any;
(e) question any prisoners or prison officer, for the purpose of determining, to the extent possible, whether the provisions of this Act and any regulations made under the Act and the order Permanent Commissioner General observed.
(2) a judge of the Visitor shall — (a) bring the attention of the officer in charge of any irregularities that may be observed with regard to — (i) the methods of prison work; or (ii) pemerlakuan any prisoner confined in prison; and (b) undertake and execute any powers and other duties as may be prescribed.
(3) the Board shall appoint a judge of the Visitors at least one but not more than four members visited on a rotation basis each prison in the State or federal territory each month for that year.
(4) a judge of the Visitor shall, for the purposes of this Act, have power to call witnesses and administer oaths.
Visits by a judge, magistrate, etc.
66. (1) a judge of the High Court, sessions Court judge and a magistrate having jurisdiction in any place where a prison is located may, whenever it thinks fit — (a) enter and inspect the condition of the prison and prisoners who are in it;
(b) the questioning of any prisoners or prison officers, 56 laws of Malaysia ACT 537 and recorded any views he may deem fit given on the State of prisons and prisoners in a Guestbook.
(2) a Guestbook should be kept for the purposes of subsection (1) by the officer in charge of which should be submitted to Judge Visitor at their next visit.
Regulations 67. (1) the Minister may publish in the Gazette any regulations necessary or expedient for the management and organization of the prison, and for carry out or achieve the goals and purposes of the Act.
(2) in particular and without prejudice to the generality of subsection (1), regulations made under this section may provide for all or any of the following matters: (a) the powers and duties of the person employed in the Prisons Department;
(b) the inspection and management of prison labor, the officer will take care of the lockup, and for employment, diet and discipline those who are confined in lock-up;
(c) medical examination, measurement, taking pictures and taking effect of fingerprint or other prisoners including statistics and a detailed personal history, and to require that a complete answer and true for all questions addressed to a prisoner with the purpose of obtaining such statistics and history;
(d) the person, if any, to which the measurements, pictures, the effect of fingerprint or other records to be sent or supplied;
(e) diet, categorization, safe custody, separation, pemerlakuan and discipline prisoners;
(ea) on the service and well-being of children born by a prisoner while in custody and the son of a female prisoner who admitted with his mother;
57Penjara (f) employment of prisoners, including provision for rates, usage and distribution of revenue prisoners;
(g) occupational schemes which are profitable and in particular to — (i) the categories of prisoners eligible to take employment under the scheme;
(ii) the terms and conditions with which prisoners are allowed to take up employment outside the confines of a prison;
(iii) the terms and conditions of employment;
(iv) how the wages to be paid to prisoners;
(v) the proportion and the manner in which wages earned by prisoners under the scheme these jobs can be saved by prisoners;
(h) the type of work required at each level of imprisonment for prisoners and the manner in which and the place where the work is needed;
(i) the disposal of prisoners work other than work in the scheme established under paragraphs 2 (h);
(j) remitan penalty to be allowed to the prisoners that comply with appropriate regulations to which they are subjected, and conditions with which the remitan will be made;
(k) establishment of associations help prisoners and for mensubsidikan their work and use their services in connection with the prisoner released on trial and convicted prisoners that their sentence has expired;
(l) supply of money, food, clothing or travel facilities to prisoners when they are released;
(m) Prize Fund Administration Officials;
(n) proceedings and judge of the Visitor;
(o) the classification of the offence;
58 laws of Malaysia ACT 537 (d) procedures for conducting investigations of offences committed by prisoners and for matters related to it;
(pa) the management and implementation of parole;
(pb) the purpose and administration of the Cadet Prison; and (q) any matters required or may be prescribed under this Act.
Provision for revocation, savings and transitional 68. (1) the laws referred to in the second schedule to the extent stated therein shall be repealed is hereby repealed accordingly.
(2) with the exception of item 4 in the second schedule, all subsidiary legislation, orders, instructions and notices made or given and any legal actions made under or by virtue of the repealed Ordinance shall, as far as subsidiary legislation, order, direction or notice that is not inconsistent with the provisions of this Act, be deemed to have been made or given under or by virtue of this Act , and shall continue in force and have effect until repealed, amended, deleted, revoked or replaced under or by virtue of this Act.
(3) Notwithstanding subsection (1) and (2), in relation to a sentence of imprisonment passed or to be passed over deteriorating on or after start the currency of this Act, the laws referred to in the third Schedule shall apply.
(4) Notwithstanding subsection (1) — (a) any officer or person appointed to act or work under or by virtue of the repealed Ordinance are deemed to be appointed or to act or work under or by virtue of the repealed Ordinance shall continue to be and be deemed to have been appointed or employed under or by virtue of this Act; 59Penjara and (b) any investigation or proceeding instituted or has not been completed under the repealed Ordinance immediately before commencement of this Act shall be continued or completed under and in accordance with the repealed Ordinance.
(5) in this section, "proceeding" means any proceeding whatever about the type of civil or criminal including an application at any stage of a proceeding.
(6) on the commencement of this Act in force, Prison Officers Gift Fund established under the Prison Ordinance 1952, the Prize Fund established under the Prison Ordinance Prison 1956 [Sabah Ord. 7 1956] and the prison Officer Gift Fund established under the Prison Ordinance [Sarawak Cap. 24] shall be wound up and all money, property, whether movable or immovable and liabilities to which the various groups of the money shall be entitled or subject to shall by reason of This section becomes money, property rights and liabilities of the Group Money Gift Prison set up under section 60 by the effective law without any requirement for a notice to be given to any parties involved with the transfer.
The FIRST SCHEDULE [Subsection 10 (3)] senior officers Prison Commissioner General of Prisons Commissioner of Prisons

Deputy Commissioner of Prisons Senior Assistant Commissioner Assistant Commissioner of Prison Prison Prison Prison Superintendent Superintendent Deputy Assistant Superintendent of Prison Prison Prison Chief Inspector Inspector 60 laws of Malaysia ACT 537 Sub Inspector Officer Low Jail sergeant major Prison Prison Prison Prison Sergeant Corporal Wadar SECOND SCHEDULE [Subsection 68 (1)] REVOCATION Number Ordinance/rules Title Ordinance/rules Point Repeal 1. O r d. P. T. M. 81/the whole Prison Ordinance 1952 2. Ord. Sabah 7/1956 Overall Prison Ordinance except the following: (1) subsection 70 (4) to (14); and (2) subsection 81 (1) in respect of the sentence of imprisonment passed on the deteriorating before the date of commencement of this Act.
3. The Prison Ordinance Sarawak Chapter 24 Overall with the exception of subsection 34 (4) to (14).
4. the Sarawak G.N.S. 31/1956 Prison Rules part VI 61Penjara THIRD SCHEDULE [Subsection 68 (3)] the APPLICATION of the laws of the State of application of Point 1. Sabah part 6 1953 Prison Rules [L.N. 326/1953] 2. Sarawak part 6 1953 Prison Rules [L.N. 326/1953] the FOURTH SCHEDULE [Subsection 46E (2)] the OFFENCE SHALL NOT BE ELIGIBLE for PAROLE RELEASE 1. The whole Chapter VI of the Penal Code the whole Chapter VIA Section 194 Para 225 (e) Paragraphs 304 (a) Section 364 376 Section Section Section 374A 376B Section 377B Section 377C Section 377E Section 388 Section 460 2. Kidnapping Act 1961 [Act 365] Section 3 62 laws of Malaysia ACT 537 3. Firearms Act (Heavier Penalty) Act 1971 [Act 37] section 3 Section 4 section 5 Section 3A of section 7 4. The dangerous drugs Act 1952 [Act 234] Section 6B 5. The Internal Security Act 1960 [Act 82] Section 57 Section 59 63Penjara laws of MALAYSIA Act 537 Prison Act 1995 LIST AMENDMENT of laws that amend the short title effect from P.U. (A) 118/2003 Order of revision law (Corrections Prison Act 1995) 2003 25-04-2003 Act A1189 Prison Act (Amendment) 2003 has not yet been in force Act A1332 Prison Act (Amendment) 2008 30-06-2008 64 laws of Malaysia ACT 537 laws of MALAYSIA Act 537 Prison Act 1995 LIST SECTION AMENDED Section Power amend with effect from
2 Act A1332 30-06-2008 10 Act A1332 30-06-2008 11 Act A1332 30-06-2008 19A A1332 Act 30-06-2008 22 Act A1332 30-06-2008 37 Act A1332 30-06-2008 43 A1332 Act 30-06-2008 A1332 Act 44 30-06-2008 45 A1332 Act 30-06-2008 Part IVA A1332 Act 30-06-2008 46A A1332 Act 30-06-2008 46B A1332 Act 30-06-2008 46C Act A1332 30-06-2008 46D Act A1332 30-06-2008 46E A1332 Act 30-06-2008 46F A1332 Act 30-06-2008 46G Act A1332 30-06-2008 46H Act A1332 30-06-2008 46I A1332 Act 30-06-2008 46J A1332 Act 30-06-2008 46K Act A1332 30-06-2008 65Penjara Section Power amend the effect from 46L Act A1332 30-06-2008 46M Act A1332 30-06-2008 46N A1332 Act 30-06-2008 46O A1332 Act 30-06-2008 47 A1332 Act 30-06-2008 50 A1332 Act 30-06-2008 55 A1332 Act 30-06-2008 58 A1332 Act 30-06-2008 61 Act A1332 30-06-2008 Part VIIA A1332 Act 30-06-2008 62A A1332 Act 30-06-2008 62B A1332 Act 30-06-2008 64 A1332 Act 30-06-2008 67 A1332 Act 30-06-2008 the first schedule of the Act A1332 30-06-2008 the Fourth Schedule Act A1332 30-06-2008 Overall A1332 Act 30-06-2008