Private Healthcare Facilities and Services Act 1998 · s 39

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39.
Restriction on use of premises
(1)  The premises to which a licence to operate or provide a private healthcare facility or service or a certificate of registration relates shall not be used for any purpose other than the purpose in respect of which the licence or certificate of registration is issued, and purposes reasonably incidental thereto.
(2)  If the licensed or registered private healthcare facility or service is used in any manner contrary to subsection (1)—
(a) where a licensee or the holder of the certificate of registration is a sole proprietor, he commits an offence and shall be liable on conviction—
(i) to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both; and
(ii) in the case of a continuing offence, to a fine not exceeding one thousand ringgit for every day or part of a day during which the offence continues after conviction;
(b) where the licensee or the holder of the certificate of registration is a body corporate, partnership or society, it commits an offence and shall be liable on conviction—

38                                    Laws of Malaysia                          ACT 586
(i) to a fine not exceeding three hundred thousand ringgit; and
(ii) in the case of a continuing offence to a fine not exceeding five thousand ringgit for every day or part of a day during which the offence continues after conviction; and
(c) where an offence under subsection (1) is committed by a body corporate, a partnership or a society—
(i) in the case of a body corporate, the person responsible for the body corporate;
(ii) in the case of a partnership, every partner in the partnership;
(iii) in the case of a society, its office bearers, shall also be guilty of the offence and shall be liable on conviction—
(A) to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both; and
(B) in the case of a continuing offence to a fine not exceeding one thousand ringgit for every day or part of a day during which the offence continues after conviction.

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s 39Restriction on use of premises

(1)

The premises to which a licence to operate or provide a private healthcare facility or service or a certificate of registration relates shall not be used for any purpose other than the purpose in respect of which the licence or certificate of registration is issued, and purposes reasonably incidental thereto.

(2)

If the licensed or registered private healthcare facility or service is used in any manner contrary to subsection (1)—

(a)

where a licensee or the holder of the certificate of registration is a sole proprietor, he commits an offence and shall be liable on conviction—

(i)

to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both; and

(ii)

in the case of a continuing offence, to a fine not exceeding one thousand ringgit for every day or part of a day during which the offence continues after conviction;

(b)

where the licensee or the holder of the certificate of registration is a body corporate, partnership or society, it commits an offence and shall be liable on conviction—

38 Laws of Malaysia ACT 586

(i)

to a fine not exceeding three hundred thousand ringgit; and

(ii)

in the case of a continuing offence to a fine not exceeding five thousand ringgit for every day or part of a day during which the offence continues after conviction; and

(c)

where an offence under subsection (1) is committed by a body corporate, a partnership or a society—

(i)

in the case of a body corporate, the person responsible for the body corporate;

(ii)

in the case of a partnership, every partner in the partnership;

(iii)

in the case of a society, its office bearers, shall also be guilty of the offence and shall be liable on conviction—

(A)

to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both; and

(B)

in the case of a continuing offence to a fine not exceeding one thousand ringgit for every day or part of a day during which the offence continues after conviction.