DESTITUTE PERSON'S ACT 1977

This Act shall come into force on such date as the Minister may by notification in the Gazette appoint and different dates may be appointed for different States in Malaysia and for different provisions of this Act.

Interpretation

any person found begging in a public place in such a way as to cause or to be likely to cause annoyance to persons frequenting the place or otherwise to create a nuisance;

or

any idle person found in a public place, whether or not he is begging, who has no visible means of subsistence or place of residence or is unable to give a satisfactory account of himself;

“Director General” means the Director General of Social Welfare, and includes a State Director of Social Welfare and the Director of Social Welfare, Federal Territory;

“Minister” means the Minister charged with the responsibility for welfare services;

“Superintendent” means a person having the management or control of any welfare home;

“welfare home” means any institution, or part thereof, established under this Act for the reception, care and rehabilitation of destitute persons.

Power to require a destitute person to reside in a welfare home

If the Magistrate has reasonable cause to believe that any person so brought before him is a destitute person, he may order such person to be admitted temporarily to a welfare home pending a report by a social welfare officer.

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The report shall be completed within a period of one month from the date of such person’s admission into a welfare home.

A Magistrate in Chambers if satisfied from a report furnished by a social welfare officer that the person is a destitute person, may by warrant under his hand order that person to reside in a welfare home for a period which shall not exceed three years:

Provided that a Magistrate in Chambers may, if satisfied from a report furnished by a social welfare officer, extend the Order for a further period which he deems fit and that period shall not exceed three years.

The Superintendent of the welfare home shall keep such destitute person who has been temporarily admitted or who has been so ordered to reside in a welfare home.

This section shall not apply to any person who is under eighteen years of age.

Voluntary admission into a welfare home

The Minister may appoint superintendents for the management of welfare homes.

Board of Visitors

for regulating the management of welfare homes and the admission of persons thereto and for the care, control, discipline and rehabilitation of persons residing therein;

for prescribing the constitution and functions of the Board of Visitors; and

generally for carrying this Act into effect.

Discharge from welfare homes

if he is satisfied that the resident has found suitable employment to maintain himself; or

to the care of any person willing and able to give the resident proper care and support.

Persons in welfare home may be required to engage in suitable activity

refuses to be taken, or offers any resistance to being taken, into the charge of an officer duly authorized in

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writing by a local authority and acting under the direction of the Director General or a social welfare officer under this Act;

escapes from an officer duly authorized in writing by a local authority and acting under the direction of the Director

General or a social welfare officer while committed to their charge under this Act;

without permission of the Superintendent leaves a welfare home in which he is required to reside under section 3

or to which he has been admitted on his own application under section 4; or

having been permitted to leave a welfare home for a specified time fails to return without reasonable cause at the expiration of such time, shall be guilty of an offence and shall be liable, on conviction, to be sent to a welfare home or to imprisonment for a term not exceeding three months.

Arrest of escaped destitute person