Care Centres Act

Original Language Title: Care Centres Act

Read the untranslated law here: https://www.global-regulation.com/law/malaysia/5959902/care-centres-act-.html

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Laws of MALAYSIA Act REPRINTING 506 care centres Act 1993 Contains all amendments to 1 June 2006 PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 in COLLABORATION with PERCETAKAN NASIONAL MALAYSIA BHD 2006 2 laws of Malaysia ACT 506 care centres Act 1993 date of Assent......... 7 July 1993 date of publication in the Gazette of ... ... more 15 July 1993 Care Center 3 laws of MALAYSIA Act 506 care centres Act 1993 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title and commencement 2. Interpretation 3. The premises, etc. exempt PART II REGISTRATION of CARE CENTRES 4. Care centres shall be registered 5. Prohibition of unregistered care center 6. Registration 7. Requirements to apply 8. Express care center 9. Inspection 10. Certificate of registration 11. Pengkanselan the registration PART III OFFICERS and THEIR POWER 12. Appointment of officers 13. The authority of the Director-General and authorized officers 14. The authority of the Director-General to give instruction 4 laws of Malaysia ACT 506 section 15. The authority ordered the closure of care centres registered 16. The power to enter and inspect premises suspected of 17. The right to refuse to comply with if there is no proof about the identity and powers of PART IV RANGE 18. Offences and penalties 19. Offences by body corporate and by employees and agents 20. Assumption 21. Conduct of prosecution 22. Appeal to Minister 23. Exemption 24. Care centres regulations 5 laws of MALAYSIA Act 506 care centres Act 1993 an act to provide for the registration, initialization, and inspection of care centres and for matters connected therewith.
[Peninsular Malaysia-June 1, 1994, P.U. (B) 250/1994]
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 and commencement 1. This Act may be cited as the care centres Act 1993 and shall come into force on such date as the Minister may, by notification in the Gazette; and the Minister may prescribe different dates for different parts in Malaysia.
Interpretation 2. In this Act, unless the context otherwise requires — "register" means the register of berkediaman care centres or express day care centre, as the case may be, required to be kept under section 8;
"custody" includes protection, surveillance, training and rehabilitation;
"Director General" means the Director General of social welfare, Malaysia;
6 laws of Malaysia ACT 506 "authorized officers" means a social welfare officer or an officer appointed under section 12;
"operator", in respect of a registered care centres, means the person on whose application the Center is registered;
"occupant", in relation to a care center berkediaman, means a person who has been accepted for custody as residents in the berkediaman care centres;
"care centres" means berkediaman care centres and day care centres within the meaning of this Act;
"registered care center" means a care centre is registered under section 6;
"berkediaman care center" means, subject to section 3, any premises in which four or more persons accepted for custody as occupier therein, whether for wages or otherwise; but in the case of premises operated or managed by a natural person, a person who is a relative of the person shall not be counted in determining the number of persons admitted in the premises for the purposes of this definition;
"day care center" means, subject to section 3, any premises in which four or more persons accepted for care for a continuous period of more than three hours a day between sunrise to sunset, and for at least three days a week, whether for wages or otherwise; but in the case of premises operated or managed by a natural person, a person who is a relative of the person shall not be counted in determining the number of persons admitted in the premises for the purposes of this definition;
"relative" means guardian in law for the person concerned, or any person, whether by blood relationship or adoption, persemendaan on the side of the law, it shall be to the person concerned, or is in touch with the people concerned, such as, the father, mother, daughter, sister, brother, sister, grandfather, grandmother, grandchild, uncle, aunt, or niece.
The premises, etc. exempt 3. This Act does not apply to — (a) any government hospital, or any private hospital licensed under the Private Hospitals Act 1971 * [Act 43];
* NOTE — the Private Hospitals Act 1971 [Act 43] repealed by Act Facilities and private healthcare Service 1998 [Act 586].
7 care centres (b) any institution or premises which are subject to control under, and are created, registered, operated, or managed by, * Legal Education Act 1961 [Act 43 1961];
(c) any kindergarten children registered under Act Kindergarten children 1984 [Act 308];
(d) any institution or premises for the treatment, rehabilitation, or aftercare drug addicts, established or operated under the legal drug dependents (treatment and rehabilitation) 1983 [Act 283];
(e) any institution or premises operated or managed by the Federal Government or a State Government; or (f) any institution or premises used by the Federal Government or a State Government for housing or temporary custody of persons in the event of any occurrence giving rise to a State of emergency, or in the interest of public safety.
PART II REGISTRATION of CARE CENTER care centres shall be registered 4. Every care centres shall be registered under this Act.
Prohibition of unregistered care centres 5. (1) subject to subsection (3), no person shall operate or take part in the management of a care center that is not registered under this Act.
(2) any person who contravenes subsection (1) commits an offence and, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or both, and in the case of a continuing offence, can in addition, a daily fine not exceeding one thousand dollars for each day that the offence continues.
* NOTE — the Education Act 1961 [Act 43/1961] was repealed by the Education Act 1996 [Act 550].
8 laws of Malaysia ACT 506 (3) where a care center is operated immediately before the start date of the commencement of this Act, shall not be an offence under this section for any person to operate or take part in the management of the care centres — (a) during the period of six months from that date; and (b) if the application for registration of a care center is made within the period referred to in paragraph (a), while a further period after the end of that period until the expiration period of thirty days from the date of the applicant to be notified of a decision to refuse to register the care centres; and (c) if the applicant appealed to the Minister under section 22 of the period of thirty days, during a period of further after the end of the period up to the date of the applicant to be notified of the decision rejecting the appeal.
Registration 6. (1) an application for registration of a care center shall be made to the Director General in the prescribed form.
(2) the Director General may register or may refuse to register any of the care center.
(3) for the purpose of considering an application for registration of a care center, the Director General may — (a) enter and inspect the premises of the care centres to ensure that the Centre complies with all legal requirements and any authorities relating to building and fire safety, and that the Center be completed and maintained with sufficient and appropriate; and (b) require the applicant to provide him any information and details as may be necessary for him to determine the application.
(4) without prejudice to the generality of its powers under subsection (2), the Director General may refuse to register any care center if any legal requirements relating to the conduct of the care centres or in relation to its premises has not been complied with.
Care Center 9 requirements to apply 7. Director General, when registering a care center, may impose such conditions as he may deem fit and proper, including conditions — (a) that limit the number of people that are accepted at the care center at any time;
(b) to ensure that any person employed in the care centres, whether managed or otherwise, people who are fit and proper, whether about age or otherwise, to be employed in the care centres;
(c) to ensure that the care centres are adequately equipped, in terms of staff, with to the number of persons whose qualifications or experience is appropriate;
(d) to ensure that services for the custody, control, supervision, service, and training residents or persons admitted to custody in care centres is given correctly;
(e) to ensure that an adequate and balanced diet and enough rest and recreation available in the care centres;

(f) to ensure that the care center will be equipped and maintained with sufficient and appropriate, in particular in the interest of health;
(g) to ensure that adequate arrangements are made for medical treatment, physiotherapy, psychotherapy, occupational therapy or any other treatment that is appropriate and proper, within a reasonable time, with respect to any illness suffered by residents or persons admitted to custody in care centres;
(h) to ensure compliance in the care center of any legal requirements or any authorities relating to building construction, fire precautions, health, sanitation and safety;
(i) requiring the payment of a sum of money as may be determined by the Director General as a security deposit to ensure compliance by operators will act, regulations made under section 24, and conditions imposed under this section, and for the protection and best interest of the residents and persons admitted to custody in care centres.
10 laws of Malaysia ACT 506 Express care center 8. (1) the Director General shall ensure to be kept, in such form as may be specified by him, — (a) a register berkediaman care centres; and (b) an express day care centres, that is registered under this Act that contains, in respect of each care center — (i) the name and address of the operator of the care centres; (ii) the name and address of the care centres; and (iii) such other details as may be deemed necessary by the Director General.
(2) a copy of or extract from any entry in the register purporting to be certified under the hand of the Director-General shall, until the contrary is proved, be received in evidence as proof of the facts stated therein as at the date of the certificate.
Inspection 9. Any person may, upon application in writing to the Director General and after the prescribed fee, inspect Express is within normal office hours.
Certificate of registration 10. (1) after a care centre is registered, the Director General shall, on payment of the prescribed fee, issue a certificate of registration in the prescribed form in respect of the care centres, and such certificate shall state the name and address of the care center operator, the name and address of the care centres and the conditions imposed under section 7.
(2) the certificate of registration shall be issued to the care center operator and cannot be transferred.
(3) the registration of a care center and the certificate of registration issued therefor is valid for twelve calendar months.
(4) a certificate of registration issued in respect of an care center shall be always there for care centres 11 inspection by an officer authorized, which may require its production in care centres may be at any time.
Pengkanselan of registration 11. The Director General can mengkanselkan the registration of a care center — (a) if there has been any breach of, or non-compliance to, any regulations made under section 24 or any condition imposed under section 7;
(b) if the care center operator has been convicted of any offence under this Act or of any offence involving fraud or moral turpitude;
(c) if it appears to him that the care centres have been halted from operated as such, or cease to exist, or cease from is under the control of pengendalinya; or (d) if the registration pengendalinya beg dikansel.
PART III OFFICERS and THEIR POWERS of appointment officer 12. The Minister may, by notification in the Gazette, appoint the number of officers as it considers necessary for the purposes of this Act.
The authority of the Director-General and authorized officers 13. (1) the Director General and any authorized officer may at any time enter and inspect any premises which are used as or for a registered care centres to determine whether — (a) the health and well-being of the occupants and persons admitted to custody in the registered care centres is maintained satisfactorily;
(b) register, records and accounts that should be there is maintained; (c) sufficient and suitable fittings have included;
12 laws of Malaysia ACT 506 (d) the premises maintained well constructed and about the condition of cleanliness and sanitasinya;
(e) there are enough precautions taken against fire and other incidents that may endanger the life or health of the occupants and persons admitted to custody in the registered care centres;
(f) the regulations made under section 24 and the conditions imposed under section 7 has been, and is, applied;
(g) generally, the registered care centres are operated and managed satisfactorily.
(2) in carrying out the examination under this section the Director General or any authorized officer may — (a) raise questions about management care centres registered to pengendalinya or any person in charge of or taking part in management, or who work in care centres registered, and all such person legally bound to answer correctly questions so their utmost; and (b) require any such person to produce to him any records required to be kept under this Act or any records relating to the registered care centres, and may seize them and take copies thereof.
The authority of the Director-General to give instruction 14. (1) the Director may, in respect of any registered care centres, giving any instruction, consistent with this Act, the regulations made under section 24, and the conditions imposed under section 7, as he may deem necessary to ensure that — (a) it is operated and managed satisfactorily; (b) the welfare of the occupants or persons admitted to custody in a way that should be developed; (c) adequate apparatus and equipment necessary to provide protection from fire have supplied therein; and care center 13 (d) of the rules made under section 24 and the conditions imposed under section 7 are complied with.
(2) a direction under subsection (1) — (a) shall be conveyed to the care center operator; and (b) shall specify a period of time, which shall not be less than thirty days from the date of delivery of the instruction, in which instructions shall be complied with.
(3) where an appeal is made to the Minister under section 22 of a direction under subsection (1) within thirty days from the date of delivery of such directions, effective instruction is delayed and if the Minister confirms such directions, instructions shall be complied with within such period as may be specified by the Minister.
The authority ordered the closure of care centres registered 15. (1) where — (a) it appears to the Director General that there is any danger or likelihood of danger to any person in any premises of a registered care centres; or (b) in respect of any premises of a registered care centres, a direction under section 14 is not complied with within the time specified under or pursuant to paragraph (2) (b) or, as the case may be, subsection (3) of that section, the Director General may, in writing, order that the premises shall cease to use as or for a care centre for such period as he may deem necessary , or until further notice.
(2) an order under this section shall be communicated to the registered care center operator and shall come into effect as from a date following immediately after the last day for a period of thirty days from the date of delivery of the order or, if the operator is appealing to the Minister under section 22 of the order during the period and the Minister 14 laws of Malaysia ACT 506 confirm the order , from the date of decision of the Minister notified to the operator.
(3) service of an order under this section is sufficient if — (a) it is delivered to submit care center operator registered in question; or (b) it is sent by registered post to his last known address; or (c) a copy of ditampalkan in a conspicuous place on or in the premises intended by him.
The power to enter and inspect premises suspected of 16. (1) the Director or any authorized officer may at any reasonable time enter and inspect any premises which are reasonably suspected of being used as or for a care center that is not registered under this Act and may make such investigation in it as he may deem necessary.
(2) in carrying out the examination under this section the Director General or any authorized officer may — (a) raise questions about the management of the premises to any person in charge of or taking part in management, or who work in the premises, and all such person legally bound to answer correctly questions so their utmost; and (b) require any such person to produce to him any records relating to the premises, and may seize them and take copies thereof.
The right to refuse to comply with if there is no proof of identity and power

17. Any person may refuse to comply with any requirement or order of the Director General or a person duly authorized officer acting under this Act if the Director-General or authorized officers refused, when requested, submit proof of identity and power.
Care Center 15 PART IV MISCELLANEOUS Offences and penalties 18. Any person who — (a) operates or participates in the management of a registered care centres in any premises other than the premises specified in the certificate of registration of the registered care centres;
(b) operate or take part in the management of a care center operated in any name other than the name with which it is registered;
(c) in or in connection with any application under this Act to make any statement or provide any information, either orally or in writing, which is false, or which he knows or reasonably ought to know to be false, of any material particulars;
(d) preventing the Director General or any authorized officer in the exercise of any of its powers under this Act;
(e) refuses to produce any records when required to do so under section 13 or 16, or refuse to answer any questions posed to him under section 13 or 16, or give a false answer, or who he knows or reasonably ought to know is false, of any material particulars; or (f) fails to comply with an order under section 15 commits an offence and, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Offences by body corporate and by employees and agents of 19. (1) where any offence against any provision of this Act or any regulations made under 16 laws of Malaysia ACT 24 section 506 or any condition imposed under section 7 has been committed by a body corporate, any person who at the time of the Commission of such offence is a Director, Manager, Secretary or other similar officer of the body corporate or any person purporting to act on any such properties , or any person who in any way or up to any extent is responsible for the management of any of the Affairs of the Corporation, or assist in the management of such, commits an offence unless he proves that the offence was committed without the consent or pembiarannya and that he has undertaken efforts to prevent the occurrence of the offence as he ought to have been carried out by him in view of the type of functions on the property and in view of all the circumstances.
(2) if any person (in this subsection referred to as "the principal") shall be liable to any penalty or penalties under this Act for any act, omission, neglect or default, he shall be liable to the same punishment or penalty for every act, omission, neglect or default of any employees or agents, or employees agents that, if an Act, omission, neglect or default that has been done by employees of the principal in the course of his career , or by the agent when acting on behalf of the principal, or by employees of the agent in the course of her employment with the agent or otherwise on behalf of the agent.
Assuming 20. In any prosecution for any offence under this Act, if it is proved that any person has committed any act relating to the Organization, operation, or management of a care center, shall be deemed, until the contrary is proved, that such person took part in the management of the care center.
Conduct of prosecution 21. Any prosecution in respect of any offence under this Act may be exercised by an officer duly authorised.
17 care centres appeal to Minister 22. Any person aggrieved by any decision or act of the Director General under this Act may, within thirty days from the date she was told about the decision or the action, appeal in writing to the Minister, and the decision of the Minister shall be final.
Exemption 23. The Minister may, by order published in the Gazette, subject to such conditions as he thinks fit to impose, exempt any care center or any class, category or description care center of any provision of this Act or any regulations made thereunder, if the Minister is satisfied that there are special circumstances, and that it is not contrary to the public interest, to do so.
Regulations 24. (1) the Minister may make regulations for carrying out the purposes of this Act.
(2) in particular and without prejudice to the generality of subsection (1), regulations under this section may provide for all or any of the following matters: (a) the operation, management, and supervision of registered care centres;
(b) the duties and responsibilities of registered care center operator; (c) the qualifications, experience, appointment, duties, responsibilities, and discipline of persons engaged in the operation, management, and supervision of registered care centres;
(d) health care and nutrition occupants and persons admitted to custody in registered care centres;
(e) the registration of a person employed in the care center registered;
(f) the keeping and maintenance of the register and other records in respect of registered care centres, and with respect to its population and persons admitted to custody in situ;
18 laws of Malaysia ACT 506 (g) minimum requirements to be complied with by registered care centres, including the requirements of sanitary, water supply, requirements on equipment, and requirements with respect to health;
(h) forms to be used and the information to be given for any of the purposes of this Act;
(i) the issuance of certificates, and issuance of a copy of the certificate if the original certificate has been lost or destroyed;
(j) the fees payable under this Act; and (k) any matters required or may be prescribed under this Act.
Care Center 19 laws of MALAYSIA Act 506 care centres Act 1993 LIST AMENDMENT law short title force amend from – No – 20 laws of Malaysia ACT 506 laws of MALAYSIA Act 506 care centres Act 1993 LIST SECTION AMENDED Section Power amend with effect from – no – PRINTED by PERCETAKAN NASIONAL MALAYSIA BERHAD, KUALA LUMPUR on BEHALF and by ORDER of the GOVERNMENT of MALAYSIA