KAEDAH-KAEDAH PUSAT SIBER DAN KAFE SIBER (WILAYAH PERSEKUTUAN KUALA LUMPUR) 2012

“Akta” ertinya Akta Hiburan (Wilayah Persekutuan Kuala Lumpur) 1992

[Akta 493];

“dadah berbahaya” hendaklah mempunyai erti yang sama di bawah Akta

Dadah Berbahaya 1952 [Akta 234];

“Datuk Bandar” ertinya Datuk Bandar Kuala Lumpur yang dilantik di bawah

Akta Ibu Kota Persekutuan 1960 [Akta 190];

5

“kafe siber” ertinya mana-mana tempat atau premis yang menyediakan kemudahan komputer untuk melayari internet serta menjual makanan dan minuman kepada pelanggan;

“komputer” hendaklah mempunyai erti sebagaimana yang ditakrifkan dalam seksyen 2 Akta Jenayah Komputer 1997 [Akta 563];

“lesen” ertinya lesen yang dikeluarkan di bawah subseksyen 5(2) Akta;

“pegawai kesihatan” ertinya pengamal perubatan yang telah diberikan kuasa oleh Ketua Pengarah Kesihatan Malaysia secara bertulis di bawah seksyen 34C Akta

Perubatan 1971 [Akta 50] atau seorang pegawai perubatan yang berdaftar di bawah

Akta Perubatan 1971 [Akta 50] atau pegawai perubatan yang dilantik oleh Datuk

Bandar;

“peralatan keselamatan” termasuklah kamera litar tertutup atau apa-apa peralatan elektronik lain sebagaimana yang ditentukan oleh Datuk Bandar;

“premis berlesen” ertinya mana-mana tempat atau premis yang digunakan bagi menjalankan perniagaan pusat siber atau kafe siber sebagaimana yang dilesenkan oleh Datuk Bandar di bawah Kaedah-Kaedah ini; dan

“pusat siber” ertinya mana-mana tempat atau premis yang menyediakan kemudahan komputer untuk melayari internet.

Tiada seorang pun boleh menggunakan mana-mana tempat atau premis sebagai pusat siber atau kafe siber melainkan suatu lesen bagi maksud tersebut telah dikeluarkan di bawah Kaedah-Kaedah ini oleh Datuk Bandar.

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Bentuk lesen 5.

Sesuatu lesen yang dikeluarkan di bawah Kaedah-Kaedah ini hendaklah dalam bentuk sebagaimana yang ditentukan oleh Datuk Bandar.

Fi lesen 6.

Pemegang lesen kafe siber hendaklah memastikan pekerjanya menjalani pemeriksaan kesihatan oleh seorang pegawai kesihatan dan mendapatkan suntikan pelalian terhadap penyakit berjangkit setahun sekali atau pada bila-bila masa sebagaimana yang diarahkan oleh Datuk Bandar.

Datuk Bandar boleh mengecualikan mana-mana pemegang lesen daripada mana-mana peruntukan Kaedah-Kaedah ini, sama ada dengan atau tanpa syarat.

Mana-mana orang yang melanggar mana-mana peruntukan Kaedah-Kaedah ini, syarat-syarat atau sekatan lesen adalah melakukan suatu kesalahan dan apabila disabitkan, dikenakan denda tidak kurang daripada dua ribu ringgit tetapi tidak lebih daripada dua puluh ribu ringgit atau penjara selama tempoh tidak melebihi tiga tahun atau kedua-duanya.

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JADUAL

[kaedah 6]

FI LESEN TAHUNAN :

(A)

Pusat siber

…

…

RM150.00 bagi setiap komputer

(B)

Kafe siber :

(a)

Luas lantai tidak melebihi 90 meter persegi

…

…

RM200.00 dan tambahan bagi setiap komputer

(b)

Luas lantai melebihi 90 meter persegi tetapi tidak melebihi 120 meter persegi

…

…

RM300.00 dan tambahan bagi setiap komputer

(c)

Luas lantai melebihi 120 meter persegi

…

…

RM400.00 dan tambahan bagi setiap komputer

Dibuat 8 Jun 2012

[KWP(S):24/PUU/698/1/1/6; JHEU2/49/2007; PN(PU2)526]

DATO’ RAJA NONG CHIK BIN DATO’ RAJA ZAINAL ABIDIN

Menteri Wilayah Persekutuan dan Kesejahteraan Bandar

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ENTERTAINMENT (FEDERAL TERRITORY OF KUALA LUMPUR) ACT 1992

________________________

IN exercise of the powers conferred by section 30 of the Entertainment (Federal

Territory of Kuala Lumpur) Act 1992 [Act 493], the Minister makes the following rules:

Citation, commencement and application 1.

(1)

These rules may be cited as the Cyber Centre and Cyber Cafe

(Federal Territory of Kuala Lumpur) Rules 2012.

(2)

These Rules shall come into operation on 15 June 2012.

(3)

These Rules shall apply only to the Federal Territory of Kuala Lumpur.

Interpretation 2.

In these Rules, unless the context otherwise requires―

“Act” means the Entertainment (Federal Territory of Kuala Lumpur) Act 1992

[Act 493];

“dangerous drug” shall have the same meaning assigned to it in the Dangerous

Drugs Act 1952 [Act 234];

“Commissioner” means the Commissioner of the City of Kuala Lumpur appointed under Federal Capital Act 1960 [Act 190];

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“cyber cafe” means any place or premise providing computer facilities to surf internet and selling food and drinks to customer;

“computer” shall have the same meaning as defined under section 2 of the

Computer Crimes Act 1997 [Act 563];

“licence” means a licence issued under subsection 5(2) of the Act;

“medical officer” means the medical practitioner empowered in writing by the

Director General of Health Malaysia under section 34C of the Medical Act 1971

[Act 50] or a medical officer registered under the Medical Act 1971 [Act 50] or a medical officer appointed by the Commissioner;

“safety equipment” includes closed circuit television or any other electronic equipment as may be determined by the Commissioner.

“licensed premise” means any place or premise used for carrying out business as cyber centre or cyber cafe as licensed by the Commissioner under these Rules; and

“cyber centre” means any place or premise providing computer facilities to surf internet.

Prohibition for operating cyber centre and cyber cafe without licence 3.

No person shall use any place or premise as a centre or cyber cafe unless a licence for that purpose has been issued under these Rules by the Commissioner.

Application for licence 4.

(1)

Where any document or information required under subsection 6(3) of the Act is not provided by the applicant within the time specified by the

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Commissioner, the application for the licence shall be deemed to have been withdrawn.

(2)

Notwithstanding subrule (1), the applicant may submit a fresh application.

(3)

The Commissioner may require an applicant to attend in person and, in the case of a corporation or a firm, by its director or employee, to provide any explanation in respect of the application for the issuance of a licence.

(4)

A licence issued under these Rules shall be subject to―

(a)

the suitability and size of the place or premise to be used as a cyber centre or cyber café;

(b)

the number of computer to be determined in the licensed premise and the provision of identification description number for each unit of computer determined in the licensed premise;

(c)

conditions and restrictions imposed;

(d)

payment of security as provided in rule 7; and

(e)

payment of a licence fee as prescribed in rule 6.

Form of licence 5.

A licence issued under these Rules shall be in such form as may be determined by the Commissioner.

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Licence fee 6.

(1)

The annual licence fee payable for the issuance of a licence for cyber centre or cyber cafe is as prescribed in the Schedule.

(2)

Fee paid for a licence issued under these Rules shall not be refundable.

Security 7.

(1)

The Commissioner may require any person to whom a licence is granted to give security under section 10 of the Act of not more than fifty thousand ringgit as the Commissioner may determine.

(2)

The security paid shall, unless forfeited, be refunded to the licensee with no adjustment for interest on the amount deposited under subrule (1) after the licensee has ceased operating such cyber centre or cyber cafe and the licence is surrended to the Commissioner in the event that the licence has not expired.

(3)

For the purpose of subrule (2), the licensee shall inform the

Commissioner in writing if he intends to stop operating the cyber centre or cyber cafe. The licensee shall apply to the Commissioner within thirty days from the date he has ceased operating the cyber centre or cyber cafe for his security to be refunded.

(4)

If the licensee does not apply for his security to be refunded, the security will be forfeited to the Commissioner.

Procedure for revocation of licence 8.

(1)

Subject to section 11 of the Act, if the Commissioner intends to revoke a licence when there is a breach of any of the provisions of the Act, rules or conditions or restrictions of the licence, the Commissioner shall give to the licensee a notice to show cause within a period as specified in the notice by the Commissioner as to why his licence shall not be revoked.

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(2)

If the reason is received within the specified period, the Commissioner may, after perusing the reason given by the licensee, decide whether to revoke or not to revoke a licence.

(3)

If there is no reason received within the specified period, the

Commissioner may summarily revoke such licence.

Disqualification 9.

No licence shall be issued to a person―

(a)

under twenty one years old;

(b)

to operate a cyber centre or cyber cafe at any other floor other than at a ground floor of a place or premise; or

(c)

if the proposed place or premise which, in the opinion of the

Commissioner, is not suitable to be used as a cyber centre or cyber cafe or the proposed place or premise is located in the area which is not suitable for operating cyber centre or cyber cafe.

Prohibitions 10.

(1)

No licensee shall―

(a)

employ any person who is under the age of eighteen years;

(b)

employ any person who is a non-citizen without a valid work permit to work in the licensed premise;

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(c)

allow any gaming or any conduct which will cause nuisance, disturbance, injury or noise to the residents within the surrounding area of the licensed premise;

(d)

display, exhibit or allow the customer to download any obscene pictures or articles in the licensed premise;

(e)

allow in the licensed premise the selling of printed materials which are obscene and negative in nature;

(f)

allow any animal to remain in the licensed premise;

(g)

hold any other activity in the licensed premise other than the activity specified in his licence;

(h)

lock the entrance door to the licensed premise during business hours;

(i)

allow any student in school uniform to enter or to remain in the licensed premise;

(j)

allow the selling of alcoholic drinks or cigarettes or dangerous drugs in the licensed premise;

(k)

allow any person or any customer to smoke or drink alcoholic drinks or to consume any dangerous drugs in the licensed premise;

(l)

exhibit or display any picture that is not suitable to the custom, religion or good value of Malaysian community;

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(m)

use tinted glass in the licensed premise; or

(n)

allow any unhealthy activities in the licensed premise.

(2)

Any licensee who contravenes this rule commits an offence and shall, on conviction, be liable to a fine of not less than two thousand ringgit but not more than twenty thousand ringgit or to imprisonment for a term not exceeding three years or to both.

Customer entry record 11.

(1)

The licensee shall provide and maintain a customer entry record in such form as may be determined by the Commissioner.

(2)

The Commissioner may at any time inspect such record and the licensee shall produce such record when he is required to do so.

(3)

Any licensee who contravenes this rule commits an offence and shall, on conviction, be liable to a fine of not less than two thousand ringgit but not more than twenty thousand ringgit or to imprisonment for a term not exceeding three years or to both.

Record of computer usage 12.

(1)

The licensee shall provide and maintain a record of computer usage for each computer determined under paragraph 4(4)(b) in his licensed premise which shall consist of the following items:

(a)

name and identity card number of the user or passport number for non-citizen;

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(b)

telephone number of the user;

(c)

identification number of the computer used;

(d)

date, time and period of use of such computer; and

(e)

any other additional information which the licensee thinks necessary.

(2)

The Commissioner may at any time inspect such record and the licensee shall produce such record when he is required to do so.

Register of employee 13.

(1)

The licensee shall provide a register containing the name, identity card number, recent residential address, qualification, photograph and any other relevant particulars of his employees and shall produce the register for inspection whenever required by the Commissioner.

(2)

Any licensee who contravenes this rule commits an offence and shall, on conviction, be liable to a fine of not less than two thousand ringgit but not more than twenty thousand ringgit or to imprisonment for a term not exceeding three years or to both.

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Special requirement for cyber cafe 14.

(1)

A cyber cafe licensed under these Rules shall apply a food establishment licence under the Licensing of Food Establishments (Federal Territory of Kuala Lumpur) By-laws 1985 [P.U (A) 149/1985].

(2)

The Commissioner may determine the type of food and drink which may be provided or served in such cyber cafe.

(3)

The Commissioner may in writing order the closure forthwith under the Licensing of Food Establishments (Federal Territory of Kuala Lumpur) By-laws 1985 [P.U (A) 149/1985] any cyber cafe if he is in the opinion that such cyber cafe is reasonably suspected of being or is likely to become a source of disease infection and the licensee of the cyber cafe who fails to comply with such order shall be guilty of an offence.

(4)

The Commissioner may take any necessary steps to close the cyber cafe if the licensee fails to comply with the order issued under paragraph (3)(a).

(5)

The Commissioner may, after proper investigation has been done, allow such cyber cafe to re-open if he is satisfied that the source of disease infection has been abated.

Medical examination 15.

The licensee of a cyber cafe shall ensure that his employee undergo medical examination by a medical officer and to be innoculated against any infectious disease once a year or at any time as may be directed by the Commissioner.

Employee’s cleanliness 16.

The licensee of a cyber cafe shall ensure that his employees―

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(a)

are always clean;

(b)

dress in clean and decent uniform supplied by the licensee;

(c)

do not spit, expel mucus and smoke or use tobacco or snuff whilst providing or serving food and drinks; and

(d)

have no cuts or skin abrasions of the hands or fingers unless such cuts or skin abrasions are properly dressed with water proof dressing.

Ventilation, lighting and fire-fighting equipment 17.

(1)

The licensee of the licensed premise shall ensure that―

(a)

there is sufficient and adequate lighting in his licensed premise;

(b)

there is an adequate ventilation in his licensed premise;

(c)

landings, staircases, passages, exits and emergency exit forming part of his licensed premise are provided with adequate lighting and are kept clear from any obstructions; and

(d)

adequate fire-fighting equipments are installed in his licensed premise and maintained in good working condition.

(2)

Any licensee who contravenes this rule commits an offence and shall, on conviction, be liable to a fine of not less than two thousand ringgit but not more than twenty thousand ringgit or to imprisonment for a term not exceeding three years or to both.

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Sanitary requirements and maintenance of the premise 18.

(1)

The licensee shall―

(a)

ensure that all mechanical or electrical equipment which has been used in his licensed premise is maintained in good order and repair and safe to be used at all times;

(b)

keep all yards, areas, forecourts and open spaces forming part of the licensed premise in a clean condition;

(c)

provide sufficient refuse bin in his premise; and

(d)

provide sufficient toilet facility in the licensed premise and shall ensure that the toilet is kept clean at all times.

(2)

Any licensee who contravenes this rule commits an offence and shall, on conviction, be liable to a fine of not less than two thousand ringgit but not more than twenty thousand ringgit or to imprisonment for a term not exceeding three years or to both.

Business hour 19.

(1)

The business hours of a licensed premise shall be as specified by the

Commissioner in the licence.

(2)

Notwithstanding subrule (1), any customer below the age of twelve years shall only be allowed to be in the licensed premise or to use any services provided in the licensed premise until 10.00 pm and shall be accompanied at all times by his parent or legal guardian.

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(3)

Any licensee who contravenes this rule commits an offence and shall, on conviction, be liable to a fine of not less than two thousand ringgit but not more than twenty thousand ringgit or to imprisonment for a term not exceeding three years or to both.

Partition not allowed 20.

(1)

The licensee shall not fully partition or permit to be fully partitioned spaces for placing the computer provided for the use of his customer in his licensed premise.

(2)

Any licensee who contravenes this rule commits an offence and shall, on conviction, be liable to a fine of not less than two thousand ringgit but not more than twenty thousand ringgit or to imprisonment for a term not exceeding three years or to both.

Installation of transaction record system 21.

(1)

The licensee shall provide data transaction record system for internet usage for each computer provided in the licensed premise.

(2)

The licensee shall ensure such data records under subrule (1) is kept and not deleted within twelve months from the date of the usage of internet for each computer provided in the licensed premise.

(3)

Any licensee who contravenes this rule commits an offence and shall, on conviction, be liable to a fine of not less than two thousand ringgit but not more than twenty thousand ringgit or to imprisonment for a term not exceeding three years or to both.

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Installation of safety equipment 22.

(1)

The licensee shall install safety equipment at his licensed premise as may be determined by the Commissioner.

(2)

The licensee shall ensure that the safety equipment is installed and maintained in good working order and condition at all times.

(3)

Any licensee who contravenes this rule commits an offence and shall, on conviction, be liable to a fine of not less than two thousand ringgit but not more than twenty thousand ringgit or to imprisonment for a term not exceeding three years or to both.

Exemption 23.

The Commissioner may conditionally or unconditionally exempt any licensee from any provision of these Rules.

Penalty 24.

Any person who contravenes any provisions of these Rules, conditions or restrictions of licence shall be guilty of an offence and shall on conviction, be liable to a fine of not less than two thousand ringgit but not more than twenty thousand ringgit or to imprisonment for a term not exceeding three years or to both.

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[rule 6]

ANNUAL FEE LICENCE :

(A)

Cyber centre

…

…

RM150.00 for each computer

(B)

Cyber cafe :

(a)

Floor area not exceeding 90

square metre

…

…

RM200.00 and extra RM150.00 for each computer

(b)

Floor area exceeding 90 square metre but not exceeding 120

square metre

…

…

RM300.00 and extra RM150.00 for each computer

(c)

Floor area exceeding 120 square metre

…

…

RM400.00 and extra RM150.00 for each computer

Made 8 June 2012

[KWP(S):24/PUU/698/1/1/6; JHEU2/49/2007; PN(PU2)526]

DATO’ RAJA NONG CHIK BIN DATO’ RAJA ZAINAL ABIDIN

Minister of Federal Territories and Urban Wellbeing