This Act may be cited as the Care Centres Act 1993 Short title and shall come into force on such date as the Minister and commay, by notification in the Gazelte, appoint; and the mencement Minister may appoint different dates for different parts of Malaysia.
Act 506
Care Centres Act 1993
Akta pusat jagaan 1993
Text recovered by OCR from a scanned copy β section numbers and wording may be wrong. Check the official PDF on lom.agc.gov.my before citing.
An Act to provide for the registration, control, and inspection of care centres and for matters connected therewith. [ BE IT ENACTED by the Duli Yang Maha Mulia 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 1 PRELIMINARY 1. This Act may be cited as the Care Centres Act 1993 Short title and shall come into force on such date as the Minister and com- may, by notification in the Gazelte, appoint; and the mencement Minister may appoint different dates for different parts of Malaysia. 2. In this Act, unless the context otherwise requiresβ Interpretation. "authorised officer" means a social welfare officer or an officer appointed under section 12; "care" includes protection, supervision, rehabilitation and training; "care centre" means a residential care centre and a day care centre within the meaning of the Act; "day care centre" means, subject to section 3, any premises at which four or more persons are received for care for a continuous period exceeding three hours between the hours of sunrise and sunset in a day, and for at least three days in a week, whether for reward or
Data synced
Part 1 β Preliminary
In this Act, unless the context otherwise requiresβ Interpretation. "authorised officer" means a social welfare officer or an officer appointed under section 12; "care" includes protection, supervision, rehabilitation and training; "care centre" means a residential care centre and a day care centre within the meaning of the Act; "day care centre" means, subject to section 3, any premises at which four or more persons are received for care for a continuous period exceeding three hours between the hours of sunrise and sunset in a day, and for at least three days in a week, whether for reward or
Exompiod promises. oIc. Act1 43.. otherwise; but in the case of premises operated or managed by a natural person, a person who is a relative of that person shall not be reckoned in determining the number of persons received at the premises for the purposes of this definition; "Director General" means the Director General of Social Welfare, Malaysia; "operator", in relation to a registered care centre, means the person on whose application it was registered; "register" means the register of residential care centres or the register of day care centres, as the case may be, required to be kept under section 8; "registered care centre" means a care centre registored under section 6; "relative" means a legal guardian of the persom concerned, or a person who, whether by consanguimity, affinity, or legal adoption, is to the parson concerned, or stands in relation to the person concerned as, a parent, child, brother, sister, grandparent, grandchild, uncle, aunt, nephew, or niece; "resident", in relation to a residential care centre, means a person who has been received for care as a resident at the residential care centre; "residential care centre" means, subject to section 3, any premises at which four or more persons are received for care as residents therein, whether for reward or otherwise; but in the case of premises operated or managed by a natural person, a person who is a relative of that person shall not be reckoned in determining the number of persons received at the premises for the purposes of this definition.
This Act shall not apply to-
(a) any government hospital, or any private hospital lioensed under the Private Hospitals Act 1971;
(b) any institution or premises subject to control under, and lawfully established, registered, operated, or managed in accordance with, the Education Act 1961; ACI 43161.
(c) any child care centre registered under the Child Care Centre Act 1984; AcΔ± 308.
(d) any institution or premises for the treatment, rehabilitation, or attercare of drug dependants, lawfully established or operated under the Drug Dependants (Treatment and Rehabilitation) Act Act283. 1983;
(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 the temporary housing or care of persons on the occurrence of any event which gives rise to an emergency, or in the interests of public safety.
Part II β Registration of care centres
Every care centre shall beregistered under this Act. Carecentres registered.
(1)β’ Subject to subsection (3), no person shall operate Probibition of oI take part in the management of a care centre that is unregistered care centres. not registered under this Act.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall, 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, and in the case ot a continuing oftence, shall, in addition, be liable to a daily fine not exceeding one thousand ringgit for every day during which the offence continues.
(3) If a care centre is in operation immediately before the date of the coming into force of this Act, it shall
not be an offence under this section for anyperson to operate or to take part in the management of the care centreβ
(a) during a period of six months from that date; and
(b) if application for registration of the care contre is made within the period mentiomed im paragraph (a), during a further period after uhe end of thar period until the expiry of a pariod of thirty days from the dute the applicand iss notified of a decision lo rafuse to registar ofe care centre; and
(c) if the applicant appoals to the Mimisaor aoder section22 within the said poriod ofthirgy days. during a further period aftor the ond of bed period until the date the applicami is motaficd ou a docision to dismiss ue appeall. Ragisration. 6. (1) An application for the rogistration of a care centre shall be made to dbo Diracior Goperal im dhg prescribed form.
(2) The Director Goneral may register ou may roffuse 1o register any care centre.
(3) For the purposo of considering an application for the registration of a care contro, the Director Goncrall may-
(a) enter and inspect the premisos of the care centre 10 ensure that it complies with all requirements of law and of any authority relating to the structure of the building and fire safety, and that it is adequately and suitably equipped and maintained: and
(b) roguire the applicant to furnish him with such information and particulars as are required fos aim 10 determine the application
(4) Without prejudice to the generatity of his powers ander subsoction (2), the Diracior General may refuse 10 register any care centro if any roquirement of dac Eaw
relating to the operation of the care centre or relating to its premises has not been complied with.
(1) Sesuatu permohonan untuk pendaftaran sesuatu pusat jagaan hendaklah dibuat kepada Ketua Pengarah dalam borang yang ditetapkan.
(2) Ketua Pengarah boleh mendaftar atau boleh enggan mendaftar mana-mana pusat jagaan.
(3) Bagi maksud menimbang sesuatu permohonan untuk pendaftaran sesuatu pusat jagaan, Ketua Pengarah bolehβ
(a) memasuki dan memeriksa premis pusat jagaan itu untuk memastikan bahawa pusat itu mematuhi segala kehendak undang-undang dan mana-mana pihak berkuasa berhubungan dengan binaan bangunan dan keselamatan kebakaran, dan bahawa pusat itu dilengkapkan dan disenggarakan dengan cukup dan sesuai;
(b) menghendaki pemohon itu memberi kepadanya apa-apa maklumat dan butir-butir sebagaimana yang perlu untuk dia menentukan permohonan itu.
(4) Tanpa menjejaskan keluasan kuasa-kuasanya di bawah subseksyen (2), Ketua Pengarah boleh enggan mendaftar mana-mana pusat jagaan jika apa-apa kehendak undang-undang berhubungan dengan pengendalian pusat jagaan itu atau berhubungan dengan premis-premisnya belum dipatuhi.
Part II β Registration of care centres
The Director General, when registering a care centre, Conditions may impose such conditions as he thinks fit and proper, to be imposed. including conditionsβ
(a) limiting the number of persons who may be received at the care centre at any time;
(b) to ensure that any person employed at the care centre, whether in its management or otherwise, is a fit and proper person, whether as regards age or otherwise, to be employed at the care centre;
(c) to ensure that the care centre will be adequately staffed by a sufficient number of persons with suitable qualifications or experience;
(d) to ensure that the services for the care, control, custody, treatment, and training of the residents or the persons received for care at the care centre are well provided;
(e) to ensure that adequate and balanced diets and sufficient rest and recreation are provided at the care centre;
(f) to ensure that the care centre will be adequately and suitably equipped and maintained, particularly in the interests of health;
(g) to ensure that adequate arrangements will be made for suitable and proper medical treatment, physiotherapy, psychotherapy, occupational therapy, or any other treatment, within a reasonable time, in respect of any ailment suffered by the residents or persons received for care at the care centre;
(h) to ensure compliance at the care centre with any requirement of law orof any authority relating to the structure of the building, fire precautions, health, sanitation, and safety;
(i) requiring the payment of such sum of money as may be determined by the Director General as a security deposit to ensure the compliance by the operator with the provisions of the Act, the regulations made under section 24, and the conditions imposed under this section, and for the protection and in the interests of the residents and persons received for care at the care centre. Register of 8. (1) The Director General shall cause to be kept, in care centres. such form as he may specify,-
(a) a register of residential care centres; and
(b) a register of day care centres, registered under this Act containing, in respect of each centreβ
(i) the name and address of the operator of the care centre;
(ii) the name and address of the care centre; and
(iii) such other particulars as the Director General thinks necessary.
(2) A copy of or an extract from an entry in the register purporting to be certified under the hand of the Director General shall, until the contrary is proved, be admitted in evidence as proof of the facts stated therein as at the date of the certificate. Inspection of register.
(1) Ketua Pengarah hendaklah memastikan supaya Daftar pusatdisimpan, dalam apa-apa bentuk sebagaimana yang pusat jagaan. dinyatakan olehnya,β
(a) suatu daftar pusat-pusat jagaan berkediaman;
(b) suatu daftar pusat-pusat jagaan harian, yang didaftarkan di bawah Akta ini yang mengandungi, berkenaan dengan setiap pusat jagaanβ
(i) nama dan alamat pengendali pusat jagaan itu;
(ii) nama dan alamat pusat jagaan itu; dan
(iii) apa-apa butir lain sebagaimana difikirkan perlu oleh Ketua Pengarah.
(2) Suatu salinan bagi atau cabutan daripada sesuatu catatan dalam daftar itu yang berupa sebagai diperakui di bawah tandatangan Ketua Pengarah hendaklah, sehingga dibuktikan sebaliknya, diterima dalam keterangan sebagai bukti fakta-fakta yang dinyatakan di dalamnya sebagaimana pada tarikh perakuan itu.
Part II β Registration of care centres
Any person may, on application in writing to the irector General and on payment of the prescribed f 1spect the register during office hour Certificato of registration.
(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 centre, and the certificate shall specify the name and address of the operator of the care centre, the name and address of the care centre, and the conditions imposed under section 7.
(2) The certificate of registration shall be issued to the operator of the care centre and shall not be transferable.
(3) The registration of a care centre and the certificate of registration issued in respect thereof shall be valid for twelve calendar months.
(4) A certificate of registration issued in respect of . care centre shall be kept available for inspection b n authorised officer, who may demand its productio at the care centre concerned at any time.
The Director General may cancel the registration of Cancellation a care centreregistration.
(a) if there has been any contravention of, or noncompliance with, any regulation made under section 24 or any condition imposed under section 7;
(b) if the operator of the care centre has been convicted of any oftence under this Act or any offence involving fraud or moral turpitude;
(c) if it appears to him that the care centre has ceased to be operated as such, or to exist, or to be under the control of its operator; or
(d) if its operator applies for cancellation of the registration.
Part III β Officers and their powers
The Minister may, by notification in the Gazette, Appointment appoint such number of officers as he considers of officess. necessary for the purposes of this Act.
(1) The Director General and any authorised officer Powers of may at any time enter and inspect any premises used as General and or for a registered care centre in order to ascertain authorised whetherβ officers.
(a) the health and well-being of the residents and persons received for care at the registered care centre are satisfactorily taken care of;
Power of Director General to give written directions.
(b) proper registers, , records, and accounts are maintained;
(c) adequate and suitable equipment is provided;
(d) the premises are well maintained as regards their structural condition and as regards hygiene and sanitation;
(e) adequate precautions are taken against fire and other occurrences that are likely to endanger the lives or health of the residents and persons received for care at the registered care centre;
(f) the regulations made under section 24 and the conditions imposed under section 7 have been, and are being, complied with;
(g) generally, the registered care centre is being operatedand managed satisfactorily.
(2) In the course of an inspection under this section the Director General or any authorised officer mayβ
(a) put questions concerning the management of the registered care centre to its operator or any person in charge or taking part in the management of, or employed in, the registered care centre, and all such persons shall be legally bound to answer such questions truthfully to the best of their ability; 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 centre, and may seize them and take copies of them.
(1) The Director General may, in respect of any registered care centre, give such directions in writing, consistent with this Act, the regulations made under section 24, and the conditions imposed under section 7, as he thinks necessary to ensure that-
(a) it is operated and managed satisfactorily;
(b) the welfare of its residents or persons received for care is promoted in a proper manner;
(c) adequate apparatus and equipment necessary to safeguard against fire are provided therein; and
(d) the regulations made under section 24 and the conditions imposed under section 7 are complied with.
(2) A direction under subsection (1)β
(a) shall be served on the operator of the care centre; and
(b) shall specify a period of time, which shall not be less than thirty days from the date of service of the direction, within which the direction shall be complied with.
(3) If an appeal is made to the Minister under section 22 against a direction under subsection (1) within thirty days from the date of service of the direction, the effect of the direction is stayed, and if the Minister confirms the direction, the direction shall be complied with within such period as may be specified by the Minister.
(1) Ifβ Power to
(a) it appears 1o the Direcior General that there is orfterdaesve any danger or likelihood of danger to any person care centres. in any premises of a registered care centre; or
(b) in respect of any premises of a registered care centre, a direction under section 14 is not complied with within the period of time specified under or pursuant to subsection (2) (b) or, as thecase may be, subsection (3) of that section, the Director General may, in writing, order that the premises shall cease to be used as or for a care centre for such period as he thinks necessary, or until further notice.
(2) An order under this section shall be served on the operator of the registered care centre and shall take effect from a date immediately following the last day of a period of thirty days from the date of service of the
Power to enter and inspect suspected premises. order or, if the operator appeals to the Minister under section 22 against the order within that period and the Minister confirms the order, from the date the decision of the Minister is notified to the operator.
(3) It shall be sufficient service of an order under this section if-
(a) it is delivered personally to the operator of the registered care centre concerned; or
(b) it is sent by registered post to his last known address; or
(c) a copy thereof is posted in a conspicuous place on or in the premises to which it relaies.
(1) The Director General or any authorised officer may at any reasonable lime enier and inspect any premises reasonably suspecled of boing used as or for a care centre that is not rogistored undor this Act and may make such inquirios theroin as ho considors necessary.
(2) In the courso of an inspoction undor this sectiom tho Director General or any authorised officor may-
(a) put questions concerning the management of the premises to any person in chargo or laking par in tho managoment of. or omployed in, ine premisos, and all such persons shall bo legally bound to answer such quastions truthfully to cho best of their ability; and
(b) require any such person to produce to him any records rolating to the premises, and may seize them and take copies of them.
Any person may refuse to comply with any demand or order by the Director General or an authorised officer acting under this Act if the Director General of authorised officer refuses, on demand, to produce proof of his identity and authority.
Part IV β Miscellaneous
Any person whoβ Offences and
(a) operates or takes part in the management of a penalies. registered care centre in any premises other than thepremisesspecified in thecertificate of registration of the registered care centre;
(b) operates or takes part in the management of a care centre which is operated in any name other than the name in which it is registered;
(c) in or in connection with any application under this Act makes any statement or furnishes any information, whether orally or in writing, which is, or which he knows or reasonably ought to know is, false in any material particular;
(d) obstructs the Director General or any authorised officer in the exercise of any of his powers under this Act;
(e) refuses to produce any record upon being so required under section 13 or 16, or refuses to answer any question put to him under section 13 or 16, or gives an answer which is, or which he knows or reasonably ought to know is, false in any material particular; or
(f) fails to comply with an order under section 15, shall be guilty of an offence and shall, 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.
(I) Where any offence against any provision of this Offences by body Act or any regulations made under section 24 or any coporate condition imposed under section 7 has been committed and by by a body corporate, any person who at the time of the employees and agents. commission of the offence was a director, manager, secretary or other similar officer of the body corporate or was purporting to act in any such capacity, or was in any manner or to any extent responsible for the management of any of the affairs of such body
corporate, or was assisting in such management, shall be guilty of that offence unless he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his functions in that capacity and to all the circumstances.
(2) Where any person (in this subsection referred to as "the principal") would be liable under this Act to any punishment or penalty for any act, omission, neglect or default, he shall be liable to the same punishment or β’ penalty for every such act, omission, neglect or default of any employee or agent of his, or of the employee of such agent, if such act, omission, neglect or default was committed by the principal's employee in the course of his employment, or by the agent when acting on behalf of the principal, or by the employee of such agent in the course of his employment by such agent or otherwise on behalf of the agent. Presumption. β’20. In any prosecution for any offence under this Act, if it is proved that any person did any act in connection with the organisation, operation, or management of a care centre, it shall be presumed, until the contrary is proved, that that person took part in the management of the care centre. Conduct of prosecution.
Dalam mana-mana pendakwaan bagi apa-apa kesalahan di bawah Akta ini, jika dibuktikan bahawa mana-mana orang telah melakukan apa-apa perbuatan berkaitan dengan pengelolaan, pengendalian, atau pengurusan sesuatu pusat jagaan, maka hendaklah dianggap, sehingga dibuktikan sebaliknya, bahawa orang itu telah mengambil bahagian dalam pengurusan pusat jagaan itu. Penjalanan pendakwaan.
Part IV β Miscellaneous
Any prosecution in respect of any offence under this Act may be conducted by an authorised officer. Appeal to Minister.
Any person aggrieved by any decision or act of the Director General under this Act may, within thirty days from the date he is notified of the decision or act, appeal in writing to the Minister, whose decision shall be final. Exemption.
The Minister may, by order published in the Gazette, subject to any conditions which he thinks fit to impose, exempt any care centre, or any class, category or description of care centres, from any provision of this Act or any regulations made thereunder, if the Minister is satisfied that there are special circumstances, and that it would not be contrary to public interest, to do so.
(1) The Minister may make regulations to carry out Regulations. 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 operators of registered care centres;
(c) the qualifications, experience, appointment, duties, responsibilities, and discipline of persons involved in the operation, management, and supervision of registered care centres;
(d) the health and nutritional care of residents and persons received for care at registered care centres;
(e) the registration of persons employed in registered care centres;
(f) the keeping and maintenance of registers and other records pertaining to registered care centres, and to the residents and persons received for care thereat;
(g) the minimum requirements to be observed by registered care centres Δ±ncluding sanΔ±tary requirements, water supplies, requirements as to equipment, and requirements pertaining to health;
(h) the forms to be used and the information to be furnished for any of the purposes of this Act;
(i) the issuance of certificates, and the issuance of copies of certificates if the original certificates have been lost or destroyed;
(j) the fees to be paid under this Act; and
(k) any matter which is required to be or which may be prescribed under this Act. DICETAK OLEH PERCETAKAN NASIONAL MALAYSIA BERHAD, IBU PEJABAT, KUALA LUMPUR BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA Harga: RM3.00
Cite this legislation
- Official citation
- Act 506
- Source
- lom.agc.gov.my
- Data synced
- Licence
- Official text, free to reproduce (Copyright Act 1987 [Act 332] s 3) β
Care Centres Act 1993 [Act 506] (Laws of Malaysia, lom.agc.gov.my). Retrieved via LawPlayer, https://lawplayer.com/my/act/act-506
This text is synced from lom.agc.gov.my. In case of any discrepancy, the authoritative text prevails.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).