CHILD CARE CENTRE ACT 1984

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 308 CHILD CARE CENTRE ACT 1984 As at 1 December 2011 2 CHILD CARE CENTRE ACT 1984 … … … 4 September 1984 Date of publication in the Gazette … … 6 September 1984 Latest amendment made by Act A1285 which came into operation on … … … … 1 August 2008 Date of Royal Assent … … PREVIOUS REPRINTS First Reprint … … … 2001 Second Reprint … … … 2006 3 LAWS OF MALAYSIA Act 308 CHILD CARE CENTRE ACT 1984 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title, commencement and application 2. Interpretion 3. Exemptions PART II REGISTRATION OF CHILD CARE CENTRES 4. All child care centres to be registered 5. Categories of child care centres 6. Prohibition of unregistered child care centres 7. Registration 8. Term and condition to be imposed 9. Register to be kept 10. Inspection of register kept 11. Certificate of registration 11A. Interpretation 4 Laws of Malaysia ACT 308 PART III CANCELLATION OF REGISTRATION Section 12. Cancellation of registration PART IV APPOINTMENT OF AUTHORIZED OFFICERS 13. Appointment of officers 14. Powers of the Director General and authorized officers PART V DIRECTIONS 15. Director General to give written directions 16. Order for temporary closure of child care centres PART VI MISCELLANEOUS 17. Offences and penalties 17A. Offences by body corporate, etc 18. Presumption 19. Existing child care centres 20. Power to enter and inspect premises 20A. Power to seal 21. Institution of Prosection 21A. Compounding of offences 22. Appeal 23. Regulations 24. Provision to allow reception of children above the age of four years 5 LAWS OF MALAYSIA Act 308 CHILD CARE CENTRE ACT 1984 An Act to provide for the registration, control and inspection of child care centres and for purposes connected therewith. [Federal Territory Kuala Lumpur ─ 1March 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 Child Care Centre Act 1984 and shall come into force on such date as the Minister may, by notification in the Gazette, appoint and the Minister may appoint different dates for the coming into force of different parts or provisions and for different parts of Malaysia. 6 Laws of Malaysia ACT 308 Interpretation 2. In this Act, unless the context otherwise requires─ “authorized officer” means an officer appointed under section 13; “child care centre” means any premises at which four or more children under the age of four years from more than one household are received to be looked after for reward; “Director General” means the Director General of Social Welfare; “register” means any register required to be kept under the provisions of this Act; “registered child care centre” means a child care centre registered under section 7; “relative” means a grandparent, brother, sister, uncle or aunt related by consanguinity; “State Director” means the Director of Social Welfare of a State and includes the Director of Social Welfare of the Federal Territory of Kuala Lumpur, the Federal Territory of Labuan and the Federal Territory of Putrajaya respectively; Exemptions 3. (1) This Act shall not apply to─ (a) any government hospital or private hospital licensed under the Private Healthcare Facilities and Services Act 1998 [Act 586]; (b) any institution exempted from the provisions of this Act by the Director General; Child Care Centre 7 (c) any kindergarten or nursery school which is registered under the Education Act 1996 [Act 550]; (d) any child care centre or any children’s home established or run by the Federal Government or a State Government. (2) This Act shall not apply to the reception of a child by a relative. PART II REGISTRATION OF CHILD CARE CENTRES All child care centres to be registered 4. Subject to the provisions of this Act, every child care centre shall be registered under this Act. Categories of child care centres 5. There shall be four categories of child care centres as follows: (a) home based child care centre which is a child care centre which receives less than ten children into the homes of the person registered under section 7; (b) work place based child care centre which is a child care centre at a work place which receives ten or more children. (c) community based child care centre which is a child care centre which receives ten or more children in a particular area and which receives aid from the Federal Government or a State Government; and 8 Laws of Malaysia (d) ACT 308 institution based child care centre which is a child care centre other than a child care centre under paragraphs (a), (b) and (c) which receives ten or more children. Prohibition of unregistered child care centres 6. (1) No person shall operate or take part in the management of a child care centre which is not registered under the provisions of 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 of a second or subsequent offence, to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding five years or to both. Registration 7. (1) Application for registration in respect of a child care centre shall be made to the Director General in the prescribed form. (2) The Director General may in his discretion register or refuse to register the applicant in respect of the child care centre named in the application. (3) The Director General may in his discretion register or refuse to register any child care centre. Terms and conditions to be imposed 8. The Director General may register any child care centre subject to the following─ Child Care Centre 9 (a) limiting the number of children who may be received in such child care centre at any one time; (b) ensuring that the applicant or any other person he employs at the child care centre is a fit and proper person, whether by reason of age or otherwise, to operate, take part in the management of or be employed at the child care centre; (c) ensuring that such child care centre shall be adequately staffed, both as regards the number and the qualifications or experience of the persons employed therein or taking part in the conduct thereof; (d) ensuring that such child care centre shall be adequately and suitably equipped and maintained; (e) ensuring that, where any children are received in any child care centre and remain there for a continuous period exceeding four hours in any one day, there shall be adequate and suitable arrangement for feedings, resting and recreation for such children and that adequate and balanced diet shall be provided; (f) complying with any requirement relating to the structure, fire precautions, health, sanitation and safety; (g) any other conditions which the Director General deems fit and proper. Register to be kept 9. (1) The Director General shall cause to be kept, in such form as he may specify, a register of child care centres registered under this Act containing─ 10 Laws of Malaysia ACT 308 (a) the name and address of every person registered in respect of any child care centre; (b) the name and address of every registered child care centre; and (c) such other particulars as the Director General thinks fit. (2) A copy of 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 such certified copy. Inspection of register kept 10. Any person may, on application in writing to the Director General and on payment of a prescribed fee, inspect the register kept under section 9 during office hours. Certificate of registration 11. (1) Where any child care centre is registered, the Director General shall upon payment of a prescribed fee issue a certificate of registration in the prescribed form in respect of such child care centre, and such certificate shall specify the address of the child care centre to which the registration relates and also any conditions imposed under the provisions of this Act. (2) A certificate of registration shall be issued to, and in the name of the person who made the application therefor, and shall not be transferable to any other person. (3) Every certificate of registration issued under the provision of this section shall be valid for sixty calendar months. Child Care Centre 11 (4) Where any change occurs in any of the circumstances particulars of which are specified in a certificate issued under the provisions of this section, the person to whom such certificate was issued shall, within fourteen days, notify the Director General in writing accordingly, and the Director General shall issue an amended certificate in lieu of the original certificate. (5) A copy of the certificate of registration issued by the Director General under this section shall be exhibited in a conspicuous place in the premises specified in the certificate of registration. (6) Upon ceasing to operate a child care centre, the person to whom the certificate of registration has been issued shall surrender the certificate to the Director General within one month from the date of such cessation. Interpretation 11A. For the purposes of this Part, the Director General includes the State Director. PART III CANCELLATION OF REGISTRATION Cancellation of registration 12. The Director General may cancel the registration made under section 7─ (a) wherever there has been any contravention of or non- compliance with any conditions imposed in respect of any registration made under this Act; 12 Laws of Malaysia ACT 308 (b) where there has been any failure to notify any change of circumstances in accordance with the provisions of subsection 11(4); (c) on the ground that the person to whom the certificate of registration has been issued has been convicted of any offence under this Act or any offence involving moral turpitude; (d) if it appears to him that─ (i) (ii) the child care centre has ceased to be operated as such or to exist; or such person has ceased to operate that child care centre. PART IV APPOINTMENT OF AUTHORIZED OFFICERS Appointment of officers 13. The Minister may by notification in the Gazette appoint such number of officers as he may consider necessary for the purposes of this Act. Powers of the 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 purposes of a child care centre for the purpose of ensuring that─ (a) the health and well-being of the children or employees therein are satisfactory; Child Care Centre 13 (b) the registers, records, time-tables, menus, books of accounts are properly maintained; (c) adequate and suitable equipment are provided therein; (d) the structure, hygiene and sanitation are maintained; (e) adequate precautions are taken against fire or other peril likely to endanger the lives or health of children cared for therein. PART IV MISCELLANEOUS Director General to give written directions 15. (1) The Director General may, in respect of any registered child care centre, give such directions in writing as he thinks necessary to ensure that─ (2) (a) the centre is operated and managed satisfactorily; (b) the welfare of the children attending the centre is promoted in a proper manner; (c) adequate apparatus and equipment necessary as safeguards against