Workers ' Minimum Standards Of Housing And Amenities Act The 1990

Original Language Title: Workers’ Minimum Standards of The Housing and Amenities Act 1990

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JW515821 Text BM tiny laws of MALAYSIA Act REPRINTING 446 ACT MINIMUM STANDARD of HOUSING and FACILITIES EMPLOYEE 1990 Contain all amendments to 1 January 2006 PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 2010 2 laws of Malaysia ACT 446 ACT MINIMUM STANDARD of HOUSING and FACILITIES EMPLOYEE 1990 date of Assent............... 22 August 1990 date of publication in the Gazette............ 30 August 1990 Minimum Standard of housing and Facilities Employee 3 laws of MALAYSIA Act 446 ACT MINIMUM STANDARD of HOUSING and FACILITIES EMPLOYEE 1990 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title, application and commencement 2. Extent of application 3. Interpretation 4. Exemption from PART II of the HOUSING and OTHER FACILITIES 5. Building shall comply with 6. Water and electricity supply and maintenance home 7. Building construction is intended for use for employee housing, as a child care centre or as a Community Hall 8. Building threatens health or safety 9. The building was originally not built for housing employees 10. Childcare centre 11. Untukan land 12. Community Hall, sports and recreational facilities other 13. There are no rentals or charges may be levied for the benefit under this Act PART III HEALTH, HOSPITAL, MEDICAL TREATMENT and SANITATION 14. The definition of dependent 4 laws of Malaysia ACT 446 section 15. The employer shall build and maintain hospital estate 16. Costs and recover the expense of hospital by employers 17. Sick workers admitted to government hospital 18. Transporting the sick to hospital workers 19. Medical treatment in which a hospital is not maintained 20. Obligation to report suspected cases of infectious diseases 21. Duties of employers isolate workers with infectious diseases 22. The authority of the medical officer of Health to order the immunisations against infectious diseases 23. Weekly checks on workers ' housing 24. The burden of proof PART IV regulations 25. Regulations part V GENERAL PROVISIONS, appeals and OFFENCES 26. The Minister can park right to certain powers and duties 27. The authority of the Director-General to examine, investigate and issue a summons 28. The Director General can claim 29. The Director-General and officials deemed to be public servants 30. Appeal 31. Failure to comply with an order under section 5, 8, 12, 15 or 19 32. Failure to comply with section 20 or 21 33. Penalties am PART VI REPEAL and SAVING of 34. Repeal and saving in respect of Minimum Housing Standard SCHEDULE and Employee Facilities 5 laws of MALAYSIA Act 446 ACT MINIMUM STANDARD of HOUSING and FACILITIES EMPLOYEE 1990 an act to set minimum standards for housing and child care center for employees and their dependents, to require that employers assign land for cultivation and grazing in place of employment, to require employers to provide health facilities, hospitals, medical and social and to provide for matters incidental thereto.
[Peninsular Malaysia — 1 December 1990, P.U. (B) 114/1991]
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, application and commencement 1. (1) this Act may be cited as the Minimum Standards Act and Employee Housing Facilities, 1990.
(2) this Act shall apply throughout Malaysia.
(3) this Act shall come into force on such date as the Minister may, by notification in the Gazette, and different dates may be appointed for different provisions in this Act and for different States.
6 laws of Malaysia ACT 446 application of Point 2. (1) there is nothing in this Act shall be applicable to any place of employment or part thereof, which is located within the City Council, Municipal Council or the Federal District.
(2) Notwithstanding subsection (1) the Minister may by order declare this Act, or any of its provisions, apply to any place of employment or for any particular class of work place located within any Municipality.
(3) when start the currency of an order made under subsection (2), any law in force in the area, relating to control over the construction of buildings, shall in respect of the place of employment, cease to be of effect.
Interpretation 3. In this Act, unless the context otherwise requires — "building" means any building used for employee housing and includes child care center and a Community Hall;
"estate" means any agricultural land in excess of twenty hectares area, which on it any kind of arrangement of agriculture carried out or the results of any plant or tree collected or processed, or any mine or any other place of employment which are declared by the Minister by order;
"Engineer", in respect of a district, means any engineer in the service of the Federal Government or the State of being carrying out the public works Department for the district and, for the purposes of subsection 27 (1), includes any officer authorized in writing in that behalf by the district engineer;
Minimum standard of housing and Facilities Employee 7 "Director General" means the Director General of Labour appointed under subsection 3 (1) of the Employment Act 1955 [Act 265] and includes any officer who, pursuant to an order made under section 26, be given all or any of the powers of the Director-General referred to earlier;
"service contract" means any agreement, whether orally or in writing and whether express or implied, that any person agrees to take another person as an employee and other person consented to serve with his employer as an employee;
"employer" means — (a) any person who entered a contract of service to take any other person as an employee and includes an agent, Manager and for the person who first mentioned; or (b) if the owner or lessee (including agents, managers and factors for the owner or the lessee is) a place of employment (hereinafter referred to as the person who first called) entered into an agreement, either orally or in writing and whether express or implied, with the others for the purpose of performing any work for or in connection with any business , trade, business or interest of the person who first mentioned, the term "employer" shall also include the person who first mentioned it, and the term "Note job" with variations gramatis and expression of seasal, shall be construed accordingly;
"Minister" means the Minister is charged with the responsibility for labour;
"Medical practitioner" means a registered medical practitioner employed in medical capacity by the Federal Government or the State;
"Medical officer of Health" means any medical practitioners in Government or any local authority that is to carry out the duties of a medical officer of Health in any area, district or area 8 laws of Malaysia ACT 446 local authorities, and includes the Director General, Deputy Director General of health, Director of health services, any Deputy Director health services, any medical director and State Health Service, any Assistant Director of medical and health services of the State , Director of medical services of Sabah and his Deputy and Director of medical services of the State and his Deputy and for the purpose of subsection 27 (1), includes any officer authorized in writing in that behalf by the medical officer of health;
"employee" means an employee as defined in the first schedule to the Employment Act 1955 and includes as his dependants;
"registered medical practitioner" means a medical practitioner registered under the medical Act 1971 [Act 50];
"medical practitioner registered resident", in relation to an estate, means any registered medical practitioner employed by the employer and who live in estates where workers employed;
"managers resident", in relation to an estate means any employer or agent of an employer who live in, or is directly responsible for the estate, of which the employee is employed;
"dependant" means a husband or wife, parents (including step-father and stepmother), grandfather or grandmother, son (including stepchildren), brothers and sisters (including male and female full brother or brother and step-brother, step-sister, men and women) an employee, who rely on the employee, and includes — (a) of a child, an invalid child status or adoption by any written law relating to adoption; and (b) of parents, of parents a child invalid status, and any person who takes employee as adoption by any written law relating to adoption;
Minimum standard of housing and Facilities Employee 9

"place of employment" means a place of work carried out by or on behalf of or for an employer and shall include any place that workers placed by an employer.
Exemption 4. The Minister may by order exempt any employer or class of employers or any building or building class specified in the order from all or any provisions of this Act.
PART II HOUSING and OTHER Building FACILITIES shall comply with the requirements of the 5. (1) the exception provided in subsection (2), no employer can accommodate or causes or permits to be assigned to any employee employed by him or by any other person (which contracted by it for the purpose of performing any work for or in connection with a trade, business, or managing his interest) in any building that is either owned by him or be in possession or control that does not comply with the provisions of this Act or any regulations made thereunder.
(2) any building, who immediately before the commencement of this Act began to have been used for housing employees or as a child care centre or as a Community Hall by an employer and have been built or modified in accordance with the requirements of any law in force at the time of construction or penukarannya, may be directly used by that employer: provided that such buildings converted to comply with the provisions of this Act or any regulations made thereunder.
10 laws of Malaysia ACT 446 (3) Notwithstanding anything in subsection (2) the Director General, on application by an employer, can allow such buildings continued to be used without Exchange for period as it thinks fit, subject to such conditions as may be imposed by it. (4) in accordance with any investigation undertaken on any place of employment, if the Director General is satisfied that any building, which only started before or after the commencement of this Act, has been used for housing employees or their dependents or as a child care centre or as a Community Hall, does not comply with the provisions of this Act or any regulations made thereunder, the Director General may issue to employers a notice , which is not less than three months, about his intention to order the demolition and replacement, alteration, repair or recoverable any deficiencies or defects to it.
(5) If, upon the expiry of such notice, the employer failed to take action as required with according to satisfaction the Director-General, the Director General may issue to the employer concerned a written order require the employer to demolish and replace, change or repair the building, or cover any deficiencies or defects thereon within six months from the order and subject to the conditions as determined by the Director-General in that order; and any such order may include instructions that no employees or their dependents as can be permitted to occupy any building such pending demolition and replacement, alteration or repair, or recoverable any deficiencies or defects thereon, or up to the requirements of the order have been complied with: provided that if an appeal has been made under section 30 in respect of an order issued under this subsection then such order shall be suspended pending the decision on the appeal.
Minimum standard of housing and Facilities Employee 11 water and electricity supply and maintenance home 6. (1) if the employee and their dependents are provided with housing in their place of employment shall be the duty of the employer for such place of employment — (a) to provide adequate and free tap water taken from public supply channels, or if the Director General gives written permission, to provide a sufficient supply of tap water and potable water taken from any other source shall be filtered and processed in the manner approved by the Director General;
(b) to provide adequate electricity supply;
(c) to ensure that the building is preserved in good condition and painted so that they appear to be satisfactory; and (d) to ensure that there are no additional or alteration unauthorized structure made to the building.
(2) for the purposes of this section the adequacy of the water supply and electricity shall be as determined by the Director General: provided that the Director-General may, if he is satisfied in any situation that it is not practical to provide piped water to every home, to pass any other ways to supply water: provided further that the Director-General may, in any case where he is satisfied that the provision of electricity is not practical or cannot be performed , exclude the employer in writing of the requirements of such provision.
(3) if the water retrieved from source other than public supply channel Director-General may, for the purpose of ensuring that the water supply is suitable for use, causing the medical officer of Health took samples of the water supply for analysis and reporting, the cost shall be borne by the employer.
12 laws of Malaysia ACT 446 (4) where the water supply comes from a public supply channels and distributed with pipe into every home, the Director-General may upon application made to him, exempt the employer partly or in total in writing of the requirement to provide a supply of water to the workers subject to conditions as may be imposed by the Director General.
(5) where any additional or alteration structures have been made to the building without the permission of the Director General, the Director General may, after giving one month's notice, require the employer so that the variation of the demolished structure.
Building construction is intended for use for employee housing, as a child care centre or as a Community Hall.
7. (1) in relation to a building to be constructed or converted for housing employees or for use as a child care centre or as a Community Hall, should be submitted by the employer to the Director General for approval by the approving authorities as provided below in subsection (2), building plans and plan its site, and no work relating to the building shall be instituted unless and until the submitted plan has been approved.
(2) the relevant authorities adopt the aforesaid shall be — (a) in the case of a plan of the building, the Director-General; and (b) in the case of site plan of the building, and sanitary arrangements, medical officer of health.
(3) for the purpose of guaranteeing that the minimum standard required under this Act or any regulations made thereunder are complied with, the authority may approve such plans approved subject to conditions (including changes of the plan) as it may deem fit to impose on it.
Minimum standard of housing and Facilities Employee 13 buildings threaten health or safety 8. (1) the Director General shall cause examination — (a) by a medical officer of health, on any building, estate, estate hospital hospital group or clinic at the place of employment which, by reason of the design, the site, kebersihannya, size, quantity and quality of water supply to residents of such buildings or other condition, which was found by the Director-General may threaten health; and (b) by the district engineer, on any building, estate, estate hospital hospital group or clinic at the place of employment which, by virtue of their construction, damage or his condition, which was found by the Director-General may threaten the safety of any person.
(2) a medical Health Officer or the district engineer or both, as the case may be, shall, after examining any building, hospital estates, hospital or clinic group estate under this section, submit a report to the Director General about the results of his examination or examination of them, together with any recommendations made therein relating to reasonable steps to be taken in respect of the buildings, the hospital estates, hospital or clinic that estates group.
(3) subject to subsection (4), after receiving a report referred to in subsection (2), the Director General may issue a written order to the employer concerned requiring the employer to demolish and replace, change or repair buildings, hospital estates, hospital or clinic that estate group or meet any deficiencies or defects in time and subject to conditions as determined by the Director-General in such order and such order may , if necessary, direct that no employees or their dependents as can be permitted to occupy any building referred to earlier pending demolition and replacement, alteration or repair or until the order has been complied with: provided that if an appeal is made under section 30 in respect of the aforesaid order, then such order shall be suspended pending the decision on the appeal.
14 laws of Malaysia ACT 446

(4) no order under subsection (3), shall be issued unless a copy of the report received by the Director General of the medical officer of health or Contractor or both have been given to employers, and in making the order the Director General shall give proper consideration to any representations which may be made by the employer in respect of the report referred to earlier.
The building was originally not built for housing workers 9. (1) a building which was originally built for the purpose other than housing workers cannot be used for, or modified for the purpose of workers ' housing, unless an application for that purpose were made to and approved by the Director General.
(2) the application required to be made under subsection (1) shall be accompanied by a site plan and building a plan that shows details about the building or about proposed exchange made to him and the provisions of subsection 7 (2) and 7 (3) shall apply to such plans as they apply for the plan of a building or building referred to in that section.
Childcare centre 10. (1) where there are workers who settled in the place of employment and such workers have not less than ten dependants under the age of four years who live along them, the Director-General may, by order, require the employer to the employee is build at the place of employment mentioned earlier in a reasonable time as may be specified therein a childcare Center that size can accommodate the number of employee dependents as determined in it , and when required to do so, the employer shall construct child care centre it accordingly: provided that any subsequent reduction in the number of dependents after the order is issued shall not menidaksahkan the order.
Minimum standard of housing and Facilities Employee 15 (2) the employer shall maintain a child care center and shall be put in it the liability of employees during the period of workers out of work for employers: provided that he shall not put therein the liabilities of more than the number of which is specified in the requirements referred to in subsection (1).
(3) on a daily basis a liability attached to the child care centre, he shall be provided by the employer on his expenses with a supply of milk in sufficient quantity and of good quality, as well as game equipment.
(4) an employer who fails to comply with the provisions of this section commits an offence and shall, on conviction, to a fine not exceeding two thousand ringgit and liable to a fine of one hundred dollars for each day the offence is continued.
Untukan Of Land 11. (1) where there are workers who settled in the place of employment, the employer of such employee shall waive the land have been cleaned, for assigned to that employee for cultivation, grazing or partly cultivated and partly grazing: provided that an employer is not required to remove any permanent crops planted by him at least the previous twelve months.
(2) an employee who is settled in the place of employment, that has been employed for a period of not less than six months by the employer referred to earlier was assigned to him an area entitled to 250 square meters of the land set aside for it.
(3) If a piece of land allocated for planting (either all or partly) yet the city within six months from the date of untukan, or if an employee using the land allotted to them for purposes that are different from the assigned, or if he does not use it at all for the purposes of assigned tasks, the employer may terminate the untukan and then from it can assign the land to other employees.
16 laws of Malaysia ACT 446 (4) relating to the waiving of land under this section — (a) land allocated to employees shall be located as close which can be home workers; and (b) land for grazing shall, except with the permission of a medical officer of Health, is located at a distance of not less than 183 metres from home workers.
(5) the Director General may, on sufficient cause, exclude as far as possible, as specified in the waiver, any employer from compliance with this section on terms and conditions and for a period as he may deem fit.
(6) any employer who violates the provisions of this section commits an offence and shall, on conviction, to a fine not exceeding one thousand ringgit and liable to a fine not exceeding fifty dollars for each day the offence is continued.
(7) in this section "place of employment", in relation to untukan land set aside that, means an estate or any other place as may be prescribed by the Minister as a place of employment to which this section applies.
Community Hall, sports and recreational facilities other 12. (1) the Director General may by order require the employer in any place of employment if there is not less than 100 workers residing in the place of employment — (a) build in the place of employment, within a reasonable time as determined, a Community Hall that can accommodate the number of persons as may be specified; and (b) providing facilities for sports and other recreational activities as determined.
Minimum standard of housing and Facilities Employee 17 (2) the employer shall maintain a Community Hall, sports and recreational facilities other aforesaid in satisfactory condition.
(3) any employer who fails to comply with the provisions of this section commits an offence and shall, on conviction, to a fine not exceeding one thousand ringgit and liable to a fine of fifty dollars for each day the offence is continued.
There are no rentals or charges may be levied for the benefit under this Act 13. A worker at the place of employment prescribed by the Minister is not required to make any payment of rent or charges in relation to any housing, childcare centre, a Community Hall, other sports and recreational facilities, cleanliness, or untukan the land provided to the employee under this Act.
PART III HEALTH, HOSPITAL, MEDICAL TREATMENT and SANITATION definitions of liability 14. For the purposes of this section "liability" means the family members of the employees, that is, a husband or wife, father, mother and children under the age of eighteen years, including children who are taken as adopted by any written law, living together with and subject to the workers.
The employer shall build and maintain hospital estate 15. (1) the Director General may, at any time by order in writing, require any employer to build a reasonable time specified in the order, and then from that maintain on at 18 laws of Malaysia ACT 446 of its own, a hospital, hereinafter called "the hospital estates", in any estate or nearby any estate that workers employed by him with accommodation for the number of patients as specified in the order.
(2) if there is already a hospital maintained by the employer, the Director-General may, by written order, require the employer to enlarge or add to the hospital to provide a home for a number of additional patients as specified in the order.
(3) for the purposes of subsection (1) or (2) the Director General may require more employers to employ a registered medical practitioner registered under the medical Act 1971, to live and is responsible for the hospital or any other hospital maintained by that employer, and provides the practitioner with a residence fit and proper Medical Officer of health.
(4) where two or more estate is such a way that the accommodation required for patients from the estate be available easily in a hospital, the Director General may, in lieu of the ordered employers build and maintain a separate hospital, ordered all employers may be build in a reasonable time specified in the order and thereafter maintain at their own expense a hospital , hereinafter referred to as "hospital estate group", for all the estate with accommodation for the number of patients as specified in the order, or if there is already a hospital erected and maintained in you jointly by two or more employers (whether built under the provisions of this section or not) may order them enlarge or add to the hospital to provide accommodation for an additional number of patients from their estates as stated in the order.
(5) for the purposes of subsection (4) the Director General may require more employers to employ a registered medical practitioner registered under the medical Act 1971, to be responsible for the hospital and the Minimum Standard of housing and Facilities Employee 19

provide the medical practitioner with residential houses fit and proper Medical Officer of health.
(6) if already existing a hospital or hospital Estate Estate Group Director-General may order the employer concerned joined the estate hospital or hospital group's estate, as the case may be, and the Association is responsible for the maintenance of the hospital.
(7) every employer who referred to in this section and the resident manager for every estate in question shall be responsible for the registration and maintenance of appropriate hospital or hospital group estate estate, as the case may be, registered under the provisions of * Private Hospitals Act 1971 [Act 43] and any regulations made thereunder.
(8) No employer who already build and maintain a hospital estate or an estate hospital group, whether pursuant to an order of the Director General under this section or otherwise, can reduce the number of beds or stop maintenance and managing the estate hospital or hospital estate the group without first getting written permission from the Director-General.
Payment and recovery of hospitalization expenses by the employer 16. (1) it shall be the duty of every employer prepare for every employee who is employed in an estate including as his dependants living in the estate or any other land owned or leased by or in the control of that employer, family, care, and medical treatment including meals in hospitals or hospital estate estate group established under section 15 or in estate clinics established under section 19.
* 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.
20 laws of Malaysia ACT 446 (2) the employer may recover from the employee expenses for care, treatment and living at a rate as may be prescribed by the Minister from time to time by notification in the Gazette in respect of any period exceeding thirty days which the employee or any of their dependents as are in the hospital.
Sick workers admitted to government hospital 17. (1) where an employee at the time he was admitted to the Government hospital work and live in any estate the employer shall pay the expenses of living and treatment at the hospital for the workers and for any liability of the employee at a rate as may be prescribed by the Minister from time to time by notification in the Gazette.
(2) expenses incurred under subsection (1) shall whatsoever is the lesser, shall be recoverable from the employer in a civil court on demand by the medical officer in charge of the hospital and the medical officer was sufficient prima facie evidence that the amount stated therein to be paid by the employer: provided that not more than spending thirty days in the hospital with respect to any employee or dependant (s) can be recovered.
(3) no expenses paid by an employer under subsection (1) may be recovered from any employee.
Transport workers who are sick to the hospital 18. (1) it shall be the duty of the employer and the resident manager at the expense of their own — (a) to ensure that for every employee who is employed on the estate and any liability of the employee is in need of medical treatment carried safely without delay and return from the hospital provided for workers employed in the estate or, if no such hospitals, and back from the nearest government hospital; and Minimum Standards for housing and Facility employees 21 (b) prepare and provide tools for safely bringing an employee who is sick or any liability of employees who were sick and return from the hospital as the medical officer of Health or a medical officer from time to time.
(2) a medical officer of health or a medical officer may require the employer or Manager resident of carries any employee at the estate that require medical treatment to the hospital.
(3) any employer or Manager resident who violates the provisions of this section commits an offence and shall, on conviction, to a fine not exceeding two thousand ringgit and liable to a fine of one hundred dollars per day for each day the offence is continued.
Medical treatment in which a hospital is not maintained 19. (1) In any estate that no hospital or hospital estate estate group, the Director-General may, by order, after consultation with the medical officer of Health, requires an employer to establish and maintain a clinic or make other provisions as may be necessary for the treatment of employees and their dependents sick.
(2) the Director General shall state in that order for services, drugs, equipment and staff to be provided and the time of the treatment facilities available to employees and their dependents.
(3) If a clinic is available at any estate or established pursuant to an order under subsection (1), it shall be the duty of the employer to arrange for a registered medical practitioner visiting the clinic at least once every two weeks to oversee the Affairs and management of the clinic to provide medical care to employees and their dependents.
22 laws of Malaysia ACT 446 (4) No employer who set up and maintain a clinic, whether pursuant to an order of the Director-General made under this section or otherwise, can reduce the services, facilities or employees or stop maintenance and managing the clinic without the prior written approval of the Director General.
Ipan Kewaj report suspected contagious penyaki t 20. (1) it shall be the duty of a medical practitioner registered resident, or in the absence or in the absence of a medical practitioner registered resident, resident manager, isolate immediately any employee or other person in an estate which he suspects to have any communicable diseases as defined in the prevention and control of infectious diseases 1988 [Act 342], and hold under observation any other person it regards is likely to have gotten the disease and as soon as possible notify the nearest medical officer , and while waiting for the arrival of the medical officer of Health to the estate, a medical practitioner registered or resident manager resident shall take appropriate preventive measures and then consult with the medical officer of Health of any further action to be taken.
(2) a person who is negligent of its duties imposed on it by subsection (1) commits an offence and shall, on conviction, to a fine not exceeding two thousand ringgit and liable to a fine of one hundred dollars per day for each day the offence is continued.
Duties of employers isolate workers with infectious diseases 21. (1) in the event of any communicable disease in any estate, it shall be the duty of the employer so that immediately, if directed by the medical officer of health or a medical officer, provides a place for an employee may set aside in the interest of public health or any other employees who work in the estate and at the cost of his own making preparations for penyaraan workers Minimum Standards of housing and Facilities that temporary Workers 23 and isolated for treatment of any employees who have the disease as it deems necessary by the medical officer of health or the medical officer.
(2) if at any time the medical officer of health or a medical officer found that an employee who works in any estate suffering from a communicable disease or that otherwise should be in the interest of public health or the health of any other employees who work in the estate he moved and placed under medical supervision, it shall be lawful for the medical officer of health or a medical officer to cause the employee is transferred to a place as may be directed by him and detained there until released by order of writing Medical Officer of health or a medical officer.
The authority of the medical officer of Health to order the immunisations against infectious diseases 22. Medical officer of Health may at any time if it considers necessary for health workers who are working in any estate, by order in writing to the employer or Manager resident, direct employer or the resident Manager make arrangements on your own expenses so that all or any of the employees and their dependents given immunisations for any infectious diseases.
Weekly checks on housing employees 23. (1) it shall be the duty of the employer to a place of employment where the employee and their dependents are provided housing accommodation to ensure that — (a) the area around employee housing clean from check and maintained clean and healthy;

(b) drainage around around every residential or residential block includes all outgoing streams maintained in good condition and free from litter or check to allow water to flow freely;
24 laws of Malaysia ACT 446 (c) all rubbish at the site housing collected daily and thrown to the satisfaction; and (d) all toilets and communal bathrooms are taken care of clean, healthy and can be used.
(2) it shall be the duty of the employer to ensure that all buildings used for housing the workers, child care center or Community Hall visited and inspected weekly by a hospital Assistant estate registered under the Estate Hospital Assistant (registration) Act 1965 [Act 435] or any other person authorised by the responsible employer shall make a report to the resident manager if the building is not maintained or if rubbish is left piled around the building , and shall also examine and if necessary bring, or cause to be brought, to the hospital any employee found in buildings, stricken by an ailment that is found and reported to the resident manager accordingly.
(3) results of examination Assistant hospital estate or any other person authorized shall be recorded in a book kept at the place of employment and held for inspection by the Director General or a medical officer of health.
(4) in any case where a medical officer of health is of the opinion that the visits, check-ups or other obligation, prescribed by subsection (2) are not carried out satisfactorily, he can tell the resident manager accordingly, stating the matter in respect of which he was unhappy, and resident manager shall thereupon prepare additional or other as required by the medical officer of health.
The burden of proof 24. In all proceedings under this part, the burden of proving that he is not the employer or the resident manager or the person to be its obligations under the provisions of this section do or refrain from doing any thing shall be on the person who says that he is not the employer, the Manager of the resident or other person, as the case may be.
Minimum standard of housing and Facilities 25 Employees PART IV regulations regulations 25. (1) the Minister may, from time to time, make regulations as may be necessary or expedient for giving full effect to the provisions of this Act, or for the implementation of more, better or easier provisions of this Act.
(2) without prejudice to the generality of subsection (1) regulations may be made — (a) to set the minimum requirements for the various classes of buildings (including temporary) used for employee housing, or as a childcare Center or Community Hall, minimum hygiene requirements, water and electricity supply and other things about health in relation to the building;
(b) to set the minimum equipment and staff for childcare centre and the type and amount of milk, game equipment and game activities program provided for liability that are assigned to it under section 10;
(c) to prescribe, after consultation with the Minister of health — (i) in respect of a clinic, surgical equipment, appliances, medicines, and medical staff and the type of the minimum service to be provided and the register and records shall be kept; and (ii) in respect of water supply, the manner in which water filtered and processed;
(d) to establish a procedure for submitting and approving building plans and its site;
26 laws of Malaysia ACT 446 (e) for prescribing the form of any express, summons or order required to be kept, issued or made under this Act; and (f) for prescribing anything which may be prescribed under this Act.
Part V GENERAL PROVISIONS, the Minister can APPEAL and ERROR to vesting certain powers and duties of 26. The Minister may by order vesting to an officer appointed under subsection 3 (2) of the Employment Act 1955 and the Director General of social welfare and the authorised officers appointed under the children's child care Act 1984 [Act 308] all or any of the powers conferred to the Director General by this Act and every obligation undertaken and every such power carried out shall be deemed to have been implemented and carried out for the purposes of this Act.
The authority of the Director-General to examine, investigate and issue a summons 27. (1) the Director General, medical officer of health or the district engineer shall have power at all times without the need for prior notice — (a) enter and inspect any place of employment or any building that he believed used by one employer for housing employees or as a child care centre or as a Community Hall;
(b) enter and inspect any hospital estates, estate hospital and clinic group where the employee provided service, care and medical treatment; and (c) conduct an investigation or investigation as he considers necessary in relation to any matter within the provisions of this Act.
Minimum standard of housing facilities and services Employees 27 (2) in carrying out an inspection under this Act, the Director General, medical officer of health or Pwd may — (a) questions relating to the matters covered under the provisions of this Act, whether in private or in front of witnesses, according to their choice, to the owner or occupier of a place of employment, or his representative, to the employer of any workers employed there or his representative , to any person in charge of employees, to employees of itself and to any other person his evidence it deems necessary; and each such person shall be legally bound to answer it correctly as their force;
(b) require the employer to bring to before it all or any employee employed by him along with any records, express and documents relating to the matters covered under the provisions of this Act, including any contract of service, wages account book, check and any other documents relating to the worker or their jobs and answer questions in respect of which it thinks should be questioned;
(c) copy or make extracts of records, service contracts, account books wages, express and any other documents referred to in paragraph (b);
(d) take possession of the records, books of account service contract, wages, express and any other document if in its opinion — (i) the inspection, copying or removal of records, contract of service, wages account book, register or any other document could not be performed reliably without taking his possession;
(ii) it may be amended or destroyed unless he takes his possession; or (iii) it may be required as evidence in any legal proceedings under this Act; and 28 laws of Malaysia ACT 446 (e) take samples of water supply for inspection and analysis.
(3) in respect of the authority to examine, question and investigate referred to earlier, the Director-General may by summons in the prescribed form requiring any person, which he has reason to believe can provide any information relevant to the matter in question, providing such information and any person summoned shall be bound to appear before the Director General and to answer correctly any question submitted to it by the Director General in relation to the matter.
(4) the provisions of sections 82 and 83 Employment Act 1995 shall apply to service of a summons issued under this section as they apply to a summons issued under part XV of the Act.
The Director General can claim 28. The Director General may conduct the prosecution in relation to an offence under this Act or any regulations made thereunder.
The Director-General and senior public servants deemed to be 29. The Director General and all officers named in any order made under section 26 shall when carrying out the functions provided for under this Act are deemed to be public servants for the purposes of the Penal Code [Act 574].
Appeal 30. (1) subject to subsection (2) any employer aggrieved by any order or decision made under this Act or any regulations made hereunder may within thirty days of the order or decision in writing is received by him appeal to the Minister.
Minimum standard of housing and Facilities Employee 29 (2) an appeal against an order or decision of an officer appointed under section 26 shall not be brought to the Minister unless and until the appeal was first brought to the Director General within the time prescribed in subsection (1).
(3) the decision of the Minister in respect of an appeal under this section shall be final.
Failure to comply with an order under section 5, 8, 12, 15 or 19 31. Any employer who fails to comply with any order made under section 5, 8, 12, 15 or 19 commits an offence and shall, on conviction, to a fine not exceeding five thousand ringgit and liable to a fine of one hundred dollars per day for each day the offence is continued.

Failure to comply with section 20 or 21 32. Any resident manager who fails to comply with the provisions of section 20 or any of the requirements of the medical officer of Health under section 21 commits an offence and shall, on conviction, to a fine not exceeding two thousand ringgit and liable to a fine of one hundred dollars per day for each day the offence is continued.
33. General penalty Any employer who violates any provision of this Act or any regulations made thereunder or failed to carry out any orders made by the Director General under this Act, commits an offence under the provisions of it, and if there is no penalty expressly provided for that offence may, on conviction, to a fine not exceeding two thousand dollars and an additional fine not exceeding one hundred dollars a day for each day the offence is continued.
30 laws of Malaysia ACT 446 PART VI REVOCATION and EXCLUSION of Revocation and exclusion in respect of 34. (1) the law specified in the schedule to this Act are hereby repealed.
(2) any regulations made under any written law repealed in subsection (1) shall remain in force until cancelled or replaced by regulations made under this Act.
(3) the Minister may, where it considers necessary or expedient to do so either for the purpose of overcoming difficulties or due to the lulusnya of this Act, by order make modifications to any of the provisions of any regulations in subsection (2) as he may deem fit.
SCHEDULE a [Subsection 34 (1)] REVOCATION N.M.B. Chapter 154 of the Labour Code Chapter 69 N.S. Labour Ordinance Enactment Kedah No. 2 year Labour Code 1345 Perlis Enactment No. 3 years Labour Code 1345 Johor Enactment No. 82 of the Labour Code Terengganu Enactment No. 60 years 1356 Labour Code Kelantan Enactment No. 2 1936 the Labour Code Act No. 39 1966 Act employees (Minimum Housing standards) 1966 Minimum Standard of housing and Facilities Employee 31 laws of MALAYSIA Act 446 ACT MINIMUM STANDARD of HOUSING and 1990 LIST of FACILITIES EMPLOYEES AMENDMENT law short title force of – no – amend 32 laws of Malaysia ACT 446 laws of MALAYSIA Act 446 ACT MINIMUM STANDARD of HOUSING and FACILITIES EMPLOYEE 1990 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 JW515821 14-05-2010