Heusar-1 laws of MALAYSIA ACT 308 Act REPRINTING KINDERGARTEN children 1984 Containing 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 308 ACT KINDERGARTEN children 1984 date of Assent......... September 4, 1984, the date of publication in the Gazette of ... ... more 6 September 1984 Kindergarten children 3 laws of MALAYSIA Act 308 ACT KINDERGARTEN children 1984 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title, commencement and application 2. Interpretation 3. Exemption From PART II Of The REGISTRATION Of CHILDREN'S Child Care 4. All kindergarten children should be registered 5. Category children's child care 6. Prohibition of kindergarten children who are not registered 7. Registration 8. These terms and conditions to be imposed 9. Register to be kept 10. Inspection of stored 11. Certificate of registration PART III CANCELLATION of REGISTRATION 12. Cancellation of registration PART IV APPOINTMENT of AUTHORIZED OFFICERS 13. Appointing officer 14. The authority of the Director-General and authorized officers 4 laws of Malaysia ACT 308 part V INSTRUCTIONS section 15. The Director General shall give written instructions 16. Order to close while kindergarten children PART VI a RANGE of 17. Offences and penalties 18. Presumption 19. Kindergarten children have 20. The power to enter and inspect premises 21. The prosecution of the offence 22. Appeal 23. Regulations 24. Provisions to allow the admission of children above age four years Kindergarten children 5 laws of MALAYSIA Act 308 ACT KINDERGARTEN children 1984 an act to provide for the registration, control and inspection of kindergarten children and for purposes connected therewith.
[Wilayah Persekutuan Kuala Lumpur — 1 March 1985, P.U. (B) 101/1985;
Selangor — 1 March 1985, P.U. (B) 101/1985;
Other States — 1 February 1986, P.U. (B) 55/1985] 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, commencement and application 1. This Act may be cited as the Act Kindergarten children 1984 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 start the currency of parts or of different provisions and for different parts of the country.
Interpretation 2. In this Act, unless the context otherwise requires — "express" means any register kept under this Act;
6 laws of Malaysia ACT 308 "Director General" means the Director General of social welfare;
"authorized officer" means an officer appointed under section 13;
"relative" means grandfather or grandmother, brother or brother man, brother or sister, uncle or aunt who have blood relationship;
"garden child care" means any premises that are four or more children under the age of four years from more than one household admitted to treated with wages;
"kindergarten children registered" means a kindergarten children registered under section 7.
Exemption 3. (1) this Act does not apply to — (a) any government hospital or private hospital licensed under the Private Hospitals Act 1971 * [Act 43];
(b) any institution are excluded from the provisions of this Act by the Director General;
(c) any kindergarten or nursery school registered under the Education Act 1961 * * [Act 43 1961];
(d) any children conducted by the Government or a State Government.
(2) this Act does not apply to the admission of a child by an uncle.
PART II REGISTRATION KINDERGARTEN children of all kindergarten children should be registered 4. Subject to the provisions of this Act, every kindergarten children should be registered under this Act.
* NOTE — the Private Hospitals Act 1971 [Act 43] have been repealed by the Act Facilities and private healthcare Service 1998 [Act 586] — see section 119 of the Act 586. ** The ENTRIES — the Education Act 1961 [Act 43/1961] was repealed by the Education Act 1996 [Act 550] — see subsection 155 (1) of the 550.
Kindergarten children 7 categories of kindergarten children 5. Two categories of kindergarten children shall be held as follows: (a) kindergarten children in a children's home child care-taking in less than ten children in the home of the person registered under section 7;
(b) children's child care in an institution that is a kindergarten child who received in ten or more children.
Prohibition of kindergarten children who are not registered 6. (1) No person shall carry out or participate in the management of a kindergarten children who are not registered under the provisions of this Act.
(2) any person who contravenes subsection (1) is guilty of an offence and shall on conviction be liable to a fine not exceeding one thousand dollars and for a second or subsequent offence to a fine not exceeding two thousand ringgit.
Registration 7. (1) an application for registration in relation to a kindergarten children must be made to the Director General in the prescribed form.
(2) the Director General may at its absolute discretion to register or refuse to register the applicant in relation to kindergarten children referred to in the application.
(3) the Director General may at its absolute discretion to register or refuse to register any children's child care.
8 laws of Malaysia ACT 308 terms and conditions to be imposed 8. Director-General may register any kindergarten child subject to the following: (a) by limiting the number of children admitted in any kindergarten children at any one time;
(b) to guarantee that the applicant or any other person employed in child care a fit and proper person, whether by reason of age or otherwise, to carry out, participate in management or are employed in children's upbringing of the child;
(c) to guarantee that children's upbringing the child shall hold sufficient staff, both in terms of the number of qualifications or experience or even people employed or participate in commissioning;
(d) to guarantee that children's upbringing of the child must be completed and maintained with to and conveniently;
(e) to guarantee that, if any of the children admitted in any kindergarten children and stayed there for a continuous period of more than four hours in any one day, there shall be adequate and appropriate regulations for food, rest and entertainment for the children and a pretty balanced diet as well as shall be held;
(f) to comply with any requirements relating to the structure, fire prevention, health, hygiene and safety;
(g) such other conditions as he thinks fit and appropriate by the Director General.
Register to be kept 9. (1) the Director General shall direct to be kept, in such form as he may be, a register kindergarten children registered under this Act that contains: (a) name and address of every person registered in respect of any kindergarten children;
Kindergarten children 9 (b) the name and address of every kindergarten children registered; and (c) such other particulars as may be deemed fit by the Director General.
(2) a copy of the entry in the register purporting to be certified by the signature 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 such certified copy.
Inspection of stored 10. Any person may, by application in writing to the Director General and the prescribed fee, inspect the register kept under section 9 during office hours.
Certificate of registration 11. (1) if any of the kindergarten children enrolled, the Director-General shall issue after a prescribed fee a certificate of registration in the prescribed form with respect to any children's upbringing of the child, and such certificate shall state the address of kindergarten children is the registration as well as any conditions imposed under the provisions of this Act.
(2) a certificate of registration shall be issued to, and the name of the person making the application for him, and is not transferable to any other person.
(3) every certificate of registration issued under the provisions of this section is valid for a period of twelve calendar months.
(4) in the event of any change in any of the circumstances details specified in a certificate issued under the provisions of this section, the person to whom the certificate was issued shall, within fourteen days, notify the Director General accordingly in writing and the Director-General shall issue a certificate of amendment in lieu of the original certificate.
10 laws of Malaysia ACT 308
(5) a certificate issued by the Director General under the provisions of this section shall be always available for inspection by authorized officers, and such person may request that the certificate be shown nursery children concerned at any time.
PART III CANCELLATION REGISTRATION cancellation of registration 12. The Director General may cancel the registration made under section 7 — (a) where there is any breach or non-compliance with any conditions imposed in relation to any registration made under this Act;
(b) if there is any failure to notify any changes in the circumstances in accordance with subsection 11 (4);
(c) on the grounds that the person to whom the certificate of registration has been issued has been convicted of any offence under this Act or of any offence involving moral turpitude;
(d) if he found that — (i) kindergarten children, were not carried out as such or no longer exists; or (ii) a person has stopped running children's upbringing of the child.
PART IV APPOINTMENT of AUTHORIZED OFFICERS appointment of officers 13. The Minister may appoint by notification in the Gazette a couple of officers as it considers necessary for the purposes of this Act.
Kindergarten children 11 Authority Director-General and authorized officers 14. The Director General and any authorized officer may from time to time enter and inspect any premises used for the purpose of kindergarten children for the purpose of guaranteeing that — (a) the health and well-being of the child or its employees are satisfactory;
(b) register, record, schedule, menus, books about maintained properly;
(c) sufficient and suitable tool held them; (d) structure, health and hygiene maintained; (e) adequate surveillance taken against fire or other hazard likely to endanger the life or health of the child diasuhnya.
Part V INSTRUCTIONS of the Director-General shall give written instructions 15. (1) the Director General may, in connection with any kindergarten children registered, give any directions it considers necessary in writing to ensure that — (a) the Park conducted and managed satisfactorily; (b) the welfare of the children who attend the Park encouraged with the way perfect; (c) apparatus and equipment should be enough as a safety from fire held them; and (d) the provisions of this Act are complied with.
(2) a direction under subsection (1) — (a) shall be served on the person to be registered in relation to children's upbringing of the child; and (b) shall specify a period of time within which the directions shall be complied with.
12 laws of Malaysia ACT 308 command to close the temporary childcare centre 16. (1) the Director General may — (a) if he found that there was a danger or risk of danger to persons in any premises of the kindergarten children registered; or (b) If, in relation to any premises that's something instructions given under section 15 is not complied with within the time prescribed in the notice served thereunder, by order in writing direct that the premises shall be used as grounds to stop child care during the period as he thinks fit or until further beyond.
(2) any order under this section shall be served on the person registered in respect of kindergarten children, and shall take effect from the date of delivery of the notice.
(3) any order submitted under this section shall be sufficient delivery if — (a) it is delivered to those who submit to him it is delivered;
(b) it is sent by registered post to the address last known to the person; or (c) a copy of ditampalkan in a place conspicuous or the dimaksudkannya premises.
PART VI MISCELLANEOUS Offences and penalties 17. Any person who — (a) carry out or participate in the management of a kindergarten child in any premises other than the premises specified in the certificate of registration of kindergarten children;
Kindergarten children 13 (b) in or in connection with any application under this Act may make a statement or provide information, whether such statement statements oral or written, which is false about any details of the material and that he knows or reasonably ought to know is false about the details;
(c) prevent the Director General or any officer authorized in exercising any of its powers under this Act;
(d) refuses to produce any book, document or other goods when required to do so under section 20, or, when so required, giving false information about the details of the material and which he knows or reasonably ought to know is false about the details;
(e) carry out or participate in the management of children's child care carried out with any name other than the name it is registered;
(f) fails to comply with an order served on him under section 16, be guilty of an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding one year.
Presumption 18. In any prosecution for any offence under this Act, if it is proved that any person doing any act in connection with the organization or conduct of a kindergarten child, shall be deemed, until the contrary is proved, that such person took part in the management of children's upbringing of the child.
Kindergarten children who have 19. Any person who manages or maintain a kindergarten children at the start date of the currency of this Act shall, within six months from the date of the request the Director-General in a prescribed form that is issued a certificate of registration.
14 laws of Malaysia ACT 308 Power to enter and inspect premises 20. (1) the Director General or any authorized officers have the authority to enter at any reasonable time any premises suspected by reasonably practicable, as used for the purpose of kindergarten children without registration or if he has any reasonable grounds to believe that there had been a breach of the provisions of this Act and shall inspect the premises to make such inquiry as he thinks 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 children's child care to a person registered under this Act and to any other person in charge of kindergarten children that his evidence he deems necessary, and all such person legally bound to answer that question correctly during which they can provide;
(b) require the person in charge to produce before it all or any records required to be kept under this Act; and (c) seize or take copies of any records produced before it under paragraph (b).
(3) any person may refuse to comply with any requirement or order of an officer duly authorised person acting or purporting to act under this Act if the officer refuses when asked to declare its identity or submit a letter his authority, as the case may be.
Prosecution of offences 21. Any prosecution in relation to any offence under this Act may be exercised by authorized officers.
Appeal 22. Any person aggrieved by the decision of the Director General under this Act shall, within thirty days from the tersiarnya the decision was appealed in writing to the Minister of natural resources be final and shall not be questioned in any Court of law for any reason.
Kindergarten children 15 regulations 23. (1) the Minister may make regulations for carrying out the purposes of this Act.
(2) in particular and without prejudice to the generality of the powers mentioned above, the regulations may make provision for all or any of the following matters: (a) the conduct, management and supervision of kindergarten children;
(b) the duties and responsibilities of the person who is registered in relation to kindergarten children;
(c) the qualifications, experience, appointment, duties, responsibilities and discipline of persons for the purpose of the conduct, management and supervision of kindergarten children;
(d) health care and nutrition of children cared for in child care;
(e) the registration of guardian of children employed in child care;
(f) storage and maintenance of any express about children, in any form it deems fit by the Minister;
(g) the determination of the minimum requirements for kindergarten children to use for acceptance in children and provisions for holding minimum hygiene requirements, water supply and other things about health in relation to the building;
(h) fixing the minimum equipment;
(i) determination of the forms to be used and the information to be given for any of the purposes of this Act;
(j) the granting of certification and issuance of a copy of the certificate in case the certificate is lost or destroyed;
(k) the fees to be paid under this Act;
(l) setting of anything required to be prescribed or which may be prescribed under this Act.
16 laws of Malaysia ACT 308 Provisions to allow the admission of children above age four years
24. Notwithstanding anything contained in this Act the Director General shall, on application made by the person who registered in relation to kindergarten children, allow children's upbringing the children admit children above the age of four years, subject to any further terms and conditions deemed necessary by the Director General.
Kindergarten children 17 laws of MALAYSIA Act 308 ACT KINDERGARTEN children 1984 LIST AMENDMENT law short title force amend from – No – 18 laws of Malaysia ACT 308 laws of MALAYSIA Act 308 ACT KINDERGARTEN children 1984 LIST SECTION AMENDED Section Power amend with effect from – THERE are –