*CHILD CARE CENTRE ACT 1984

any government hospital or private hospital licensed under the Private Healthcare Facilities and Services Act

1998 [Act 586];

any institution exempted from the provisions of this Act by the Director General;

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any kindergarten or nursery school which is registered under the Education Act 1996 [Act 550];

any child care centre or any children’s home established or run by the Federal Government or a State

Government.

This Act shall not apply to the reception of a child by a relative.

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;

work place based child care centre which is a child care centre at a work place which receives ten or more children.

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

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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

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

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.

The Director General may in his discretion register or refuse to register any child care centre.

Terms and conditions to be imposed

limiting the number of children who may be received in such child care centre at any one time;

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;

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;

ensuring that such child care centre shall be adequately and suitably equipped and maintained;

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;

complying with any requirement relating to the structure, fire precautions, health, sanitation and safety;

any other conditions which the Director General deems fit and proper.

Register to be kept

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─

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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

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.

Every certificate of registration issued under the provision of this section shall be valid for sixty calendar months.

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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.

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.

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

wherever there has been any contravention of or non-compliance with any conditions imposed in respect of any registration made under this Act;

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where there has been any failure to notify any change of circumstances in accordance with the provisions of subsection 11(4);

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;

if it appears to him that─

the child care centre has ceased to be operated as such or to exist; or

the health and well-being of the children or employees therein are satisfactory;

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the registers, records, time-tables, menus, books of accounts are properly maintained;

adequate and suitable equipment are provided therein;

the structure, hygiene and sanitation are maintained;

adequate precautions are taken against fire or other peril likely to endanger the lives or health of children cared for therein.

the centre is operated and managed satisfactorily;

the welfare of the children attending the centre is promoted in a proper manner;

adequate apparatus and equipment necessary as safeguards against fire are provided therein; and

the provisions of this Act are complied with.

A direction under subsection (1) ─

if it appears to him that there is any danger or risk of danger to persons in any premises of a registered child care centre; or

if, in respect of any such premises a direction given under section 15 is not complied with within the period of time specified in the notice served thereunder, by order in writing direct that the premises shall cease to be used as a child care centre for such period as he thinks fit or until further notice.

Any order under this section shall be served on the person registered in respect of the child care centre, and shall take effect from the date of service thereof.

It shall be sufficient service of any order under this section if─

operates or takes part in the management of a child care centre in any premises other than premises specified in the certificate of registration of the child care centre;

in or in connection with any application under this Act makes any statement or furnishes information, whether such statement be oral or written, which is false in any material particular and which he knows or reasonably ought to know is false in such particular;

obstructs the Director General or any authorized officer in the exercise of any of his powers under this Act;

refuses to produce any book, document or other article upon being so required under section 20, or, when so required, furnishes information which is false in material particular and which he knows or reasonably ought to know is false in such particular;

operates or takes part in the management of a child care centre which is operated in any name other than the name in which it is registered;

fails to comply with an order served on him under section 16;

fails to notify the Director General of any change that occurs in any of the circumstances particulars of which are specified in the certificate in accordance with subsection 11(4);

fails to cause a copy of the certificate of registration to be exhibited in accordance with subsection 11(5); or

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fails to surrender the certificate of registration upon ceasing to operate a child care centre in accordance with subsection 11(6), 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.

Offences by body corporate, etc

in the case of a body corporate, any person who was a director, manager, secretary or other similar officer of the body corporate at the time of the commission of the offence;

in the case of a partnership, every partner in the partnership at the time of the commission of the offence;

or

in the case of a society, every office-bearer of the society at the time of the commission of the offence, maybe charged severally or jointly in the same proceedings as the body corporate, partnership or society and shall be deemed to have committed the offence unless he proves that the offence was committed without his knowledge or connivance or that he had taken all reasonable precautions or that he had exercised due diligence to prevent the commission of the offence.

Presumption

In the course of inspection under this section the Director

General or any authorized officer may─

Any person may refuse to comply with any demand or order by an authorized officer acting or purporting to act under this Act if such officer refuses on demand to declare his identity or produce a letter of authorization, as the case may be.

Power to seal

The person using the house, building, premise or place as a child care centre which has been sealed shall—

The seal shall be removed if—

The Director General or the authorized officer acting under this section shall not be liable for any cost arising out of such action or damages to the house, building, premise or place sealed under this section unless such damage was wilfully done.

Any action taken under this section in respect of any house, building, premise or other place shall not prohibit the prosecution of any person using such house, building, premise or place as a child care centre in contravention of this Act.

Institution of prosecution

An offer under subsection (1) may be made at any time after the offence has been committed, but before any prosecution for it has been instituted, and where the amount specified in the offer is not paid within the time as specified in the offer, or within such extended period as the Director General may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.

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Where the offence has been compounded under subsection (1), no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made.

Appeal

In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters: