LAWS OF MALAYSIA
ONLINE VERSION OF UPDATED
TEXT OF REPRINT
Act 506
CARE CENTRES ACT 1993
As at 1 December 2011
2
CARE CENTRES ACT 1993
Date of Royal Assent ... ... ... … ... 7 July 1993
Date of publication in the Gazette ... … ... 15 July 1993
Latest amendment made by
Act A1292 which came
into operation on … … … … 1 August 2008
PREVIOUS REPRINT
First Reprint ... ... ... ... ... 2002
Second Reprint … … … … 2006
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LAWS OF MALAYSIA
Act 506
CARE CENTRES ACT 1993
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title and commencement
2. Interpretation
3. Exempted premises, etc.
PART II
REGISTRATION OF CARE CENTRES
4. Care centres to be registered
5. Prohibition of unregistered care centres
6. Registration
7. Conditions to be imposed
8. Register of care centres
9. Inspection of register
10. Certificate of registration
11. Revocation of registration
11A. Interpretation
PART III
OFFICERS AND THEIR POWERS
12. Appointment of officers
13. Powers of Director General and authorized officers
14. Power of Director General to give written directions
4 Laws of Malaysia ACT 506
Section
15. Power to order closure of registered care centres
16. Power to enter and inspect suspected premises
16A. Power to seal
17. Right to refuse compliance in absence of proof of identity and authority
PART IV
MISCELLANEOUS
18. Offences and penalties
19. Offences by body corporate and by employees and agents
20. Presumption
21. Institution of prosecution
21A. Compouding of offences
22. Appeal to Minister
23. Exemption
24. Regulations
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LAWS OF MALAYSIA
Act 506
CARE CENTRES ACT 1993
An Act to provide for the registration, control, and inspection of care
centres and for matters connected therewith.
[Peninsular Malaysia-1 June 1994, P.U. (B) 250/1994]
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 and commencement
1. This Act may be cited as the Care Centres Act 1993 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
different parts of Malaysia.
Interpretation
2. In this Act, unless the context otherwise requires—
“authorized officer” means a social welfare officer or an officer
appointed under section 12;
“care” includes protection, supervision, rehabilitation and training;
“care centre” means a residential care centre and a day care centre
within the meaning of the Act;
6 Laws of Malaysia ACT 506
“day care centre” means, subject to section 3, any premises at which
four or more persons are received for care for a continuous period
exceeding three hours between the hours of sunrise and sunset in a
day, and for at least three days in a week, whether for reward or
otherwise; but in the case of premises operated or managed by a
natural person, a person who is a relative of that person shall not be
reckoned in determining the number of persons received at the
premises for the purposes of this definition;
“Director General” means the Director General of Social Welfare,
Malaysia;
“operator”, in relation to a registered care centre, means the person
on whose application it was registered;
“register” means the register of residential care centres or the
register of day care centres, as the case may be, required to be kept
under section 8;
“registered care centre” means a care centre registered under
section 6;
“relative” means a legal guardian of the person concerned, or a
person who, whether by consanguinity, affinity, or legal adoption, is
to the person concerned, or stands in relation to the person concerned
as, a parent, child, brother, sister, grandparent, grandchild, uncle,
aunt, nephew, or niece;
“resident”, in relation to a residential care centre, means a person
who has been received for care as a resident at the residential care
centre;
“residential care centre” means, subject to section 3, any premises at
which four or more persons are received for care as residents therein,
whether for reward or otherwise; but in the case of premises operated
or managed by a natural person, a person who is a relative of that
person shall not be reckoned in determining the number of persons
received at the premises for the purposes of this definition;
“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.
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Exempted premises, etc.
3. This Act shall not apply to—
(a) any government hospital, or any private hospital licensed
under the Private Healthcare Facilities and Services Act
1998 [Act 586];
(b) any institution or premises subject to control under, and
lawfully established, registered, operated, or managed in
accordance with, the Education Act 1996 [Act 550];
(c) any child care centre registered under the Child Care
Centre Act 1984 [Act 308];
(d) any institution or premises for the treatment,
rehabilitation, or aftercare of drug dependants, lawfully
established or operated under the Drug Dependants
(Treatment and Rehabilitation) Act 1983 [Act 283];
(e) any institution or premises operated or managed by the
Federal Government or a State Government; or
(f) any institution or premises used by the Federal
Government or a State Government for the temporary
housing or care of persons on the occurrence of any event
which gives rise to an emergency, or in the interests of
public safety.
PART II
REGISTRATION OF CARE CENTRES
Care centres to be registered
4. Every care centre shall be registered under this Act.
Prohibition of unregistered care centres
5. (1) Subject to subsection (3), no person shall operate or take part
in the management of a care centre that is not registered under this
Act.
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(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 continuing offence, shall, in
addition, be liable to a daily fine not exceeding one thousand ringgit
for every day during which the offence continues.
(3) If a care centre is in operation immediately before the date of
the coming into force of this Act, it shall not be an offence under this
section for any person to operate or to take part in the management of
the care centre—
(a) during a period of six months from that date; and
(b) if application for registration of the care centre is made
within the period mentioned in paragraph (a), during a
further period after the end of that period until the expiry
of a period of thirty days from the date the applicant is
notified of a decision to refuse to register the care centre;
and
(c) if the applicant appeals to the Minister under section 22
within the said period of thirty days, during a further
period after the end of that period until the date the
applicant is notified of a decision to dismiss the appeal.
Registration
6. (1) An application for the registration of a care centre shall be
made to the Director General in the prescribed form.
(2) The Director General may register or may refuse to register any
care centre.
(3) For the purpose of considering an application for the
registration of a care centre, the Director General may—
(a) enter and inspect the premises of the care centre to ensure
that it complies with all requirements of law and of any
authority relating to the structure of the building and fire
safety, and that it is adequately and suitably equipped and
maintained; and
Care Centres 9
(b) require the applicant to furnish him with such information
and particulars as are required for him to determine the
application.
(4) Without prejudice to the generality of his powers under
subsection (2), the Director General may refuse to register any care
centre if any requirement of the law relating to the operation of the
care centre or relating to its premises has not been complied with.
Conditions to be imposed
7. The Director General, when registering a care centre, may impose
such conditions as he thinks fit and proper, including conditions—
(a) limiting the number of persons who may be received at
the care centre at any time;
(b) to ensure that any person employed at the care centre,
whether in its management or otherwise, is a fit and
proper person, whether as regards age or otherwise, to be
employed at the care centre;
(c) to ensure that the care centre will be adequately staffed by
a sufficient number of persons with suitable qualifications
or experience;
(d) to ensure that the services for the care, control, custody,
treatment, and training of the residents or the persons
received for care at the care centre are well provided;
(e) to ensure that adequate and balanced diets and sufficient
rest and recreation are provided at the care centre;
(f) to ensure that the care centre will be adequately and
suitably equipped and maintained, particularly in the
interests of health;
(g) to ensure that adequate arrangements will be made for
suitable and proper medical treatment, physiotherapy,
psychotherapy, occupational therapy, or any other
treatment, within a reasonable time, in respect of any
10 Laws of Malaysia ACT 506
ailment suffered by the residents or persons received for
care at the care centre;
(h) to ensure compliance at the care centre with any
requirement of law or of any authority relating to the
structure of the building, fire precautions, health,
sanitation, and safety;
(i) requiring the payment of such sum of money as may be
determined by the Director General as a security deposit
to ensure the compliance by the operator with the
provisions of the Act, the regulations made under section
24, and the conditions imposed under this section, and for
the protection and in the interests of the residents and
persons received for care at the care centre.
Register of care centres
8. (1) The Director General shall cause to be kept, in such form as he
may specify,—
(a) a register of residential care centres; and
(b) a register of day care centres,
registered under this Act containing, in respect of each centre—
(i) the name and address of the operator of the care centre;
(ii) the name and address of the care centre; and
(iii) such other particulars as the Director General thinks
necessary.
(2) A copy of or an extract from 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 the certificate.
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Inspection of register
9. Any person may, on application in writing to the Director General
and on payment of the prescribed fee, inspect the register during
office hours.
Certificate of registration
10. (1) After a care centre is registered, the Director General shall,
on payment of the prescribed fee, issue a certificate of registration in
the prescribed form in respect of the care centre, and the certificate
shall specify the name and address of the operator of the care centre,
the name and address of the care centre, and the conditions imposed
under section 7.
(2) The certificate of registration shall be issued to the operator of
the care centre and shall not be transferable.
(3) The registration of a care centre and the certificate of
registration issued in respect thereof shall be valid for sixty calendar
months.
(4) 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.
(5) Where any change occurs in any of the circumstances
particulars of which are specified in a certificate issued under 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.
(6) Upon ceasing to operate a 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.
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Revocation of registration
11. The Director General may revoke the registration of a care
centre—
(a) if there has been any contravention of, or non-compliance
with, any regulation made under section 24 or any
condition imposed under section 7;
(b) if the operator of the care centre has been convicted of any
offence under this Act or any offence involving fraud or
moral turpitude;
(c) if it appears to him that the care centre has ceased to be
operated as such, or to exist, or to be under the control of
its operator; or
(d) if its operator applies for revocation of the registration.
Interpretation
11A.For the purposes of this Part, the Director General includes the
State Director.
PART III
OFFICERS AND THEIR POWERS
Appointment of officers
12. The Minister may, by notification in the Gazette, appoint such
number of officers as he considers necessary for the purposes of this
Act.
Powers of Director General and authorized officers
13. (1) The Director General and any authorized officer may at any
time enter and inspect any premises used as or for a registered care
centre in order to ascertain whether—
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(a) the health and well-being of the residents and persons
received for care at the registered care centre are
satisfactorily taken care of;
(b) proper registers, records, and accounts are maintained;
(c) adequate and suitable equipment is provided;
(d) the premises are well maintained as regards their
structural condition and as regards hygiene and sanitation;
(e) adequate precautions are taken against fire and other
occurrences that are likely to endanger the lives or health
of the residents and persons received for care at the
registered care centre;
(f) the regulations made under section 24 and the conditions
imposed under section 7 have been, and are being,
complied with;
(g) generally, the registered care centre is being operated and
managed satisfactorily.
(2) In the course of an inspection under this section the Director
General or any authorized officer may—
(a) put questions concerning the management of the
registered care centre to its operator or any person in
charge or taking part in the management of, or employed
in, the registered care centre, and all such persons shall be
legally bound to answer such questions truthfully to the
best of their ability; and
(b) require any such person to produce to him any records
required to be kept under this Act or any records relating
to the registered care centre, and may seize them and take
copies of them.
Power of Director General to give written directions
14. (1) The Director General may, in respect of any registered care
centre, give such directions in writing, consistent with this Act, the
14 Laws of Malaysia ACT 506
regulations made under section 24, and the conditions imposed under
section 7, as he thinks necessary to ensure that—
(a) it is operated and managed satisfactorily;
(b) the welfare of its residents or persons received for care is
promoted in a proper manner;
(c) adequate apparatus and equipment necessary to safeguard
against fire are provided therein; and
(d) the regulations made under section 24 and the conditions
imposed under section 7 are complied with.
(2) A direction under subsection (1)—
(a) shall be served on the operator of the care centre; and
(b) shall specify a period of time, which shall not be less than
thirty days from the date of service of the direction, within
which the direction shall be complied with.
(3) If an appeal is made to the Minister under section 22 against a
direction under subsection (1) within thirty days from the date of
service of the direction, the effect of the direction is stayed, and if the
Minister confirms the direction, the direction shall be complied with
within such period as may be specified by the Minister.
Power to order closure of registered care centres
15. (1) If—
(a) it appears to the Director General that there is any danger
or likelihood of danger to any person in any premises of a
registered care centre; or
(b) in respect of any premises of a registered care centre, a
direction under section 14 is not complied with within the
period of time specified under or pursuant to paragraph
(2)(b) or, as the case may be, subsection (3) of that
section,
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the Director General may, in writing, order that the premises shall
cease to be used as or for a care centre for such period as he thinks
necessary, or until further notice.
(2) An order under this section shall be served on the operator of
the registered care centre and shall take effect from a date
immediately following the last day of a period of thirty days from the
date of service of the order or, if the operator appeals to the Minister
under section 22 against the order within that period and the Minister
confirms the order, from the date the decision of the Minister is
notified to the operator.
(3) It shall be sufficient service of an order under this section if—
(a) it is delivered personally to the operator of the registered
care centre concerned; or
(b) it is sent by registered post to his last known address; or
(c) a copy thereof is posted in a conspicuous place on or in
the premises to which it relates.
Power to enter and inspect suspected premises
16. (1) The Director General or any authorized officer may at any
reasonable time enter and inspect any premises reasonably suspected
of being used as or for a care centre that is not registered under this
Act and may make such inquiries therein as he considers necessary.
(2) In the course of an inspection under this section the Director
General or any authorized officer may—
(a) put questions concerning the management of the premises
to any person in charge or taking part in the management
of, or employed in, the premises, and all such persons
shall be legally bound to answer such questions truthfully
to the best of their ability; and
(b) require any such person to produce to him any records
relating to the premises, and may seize them and take
copies of them.
16 Laws of Malaysia ACT 506
Power to seal
16A. (1) Where the Director General or any authorized officer has
reasonable cause to believe that any house, building, premise or other
place is being used as a care centre which is not registered under the
provisions of this Act, the Director General or the authorized officer
may take such steps as he may deem necessary or by any means seal
such care centre.
(2) The person using the house, building, premise or place as a care
centre which has been sealed shall—
(a) within twenty-one days of such seal produce to the
Director General or the authorized officer the certificate of
registration of the care centre; and
(b) bear any cost incurred arising out of such action.
(3) The seal shall be removed if—
(a) such person complies with the requirement of subsection
(2); or
(b) an order of the court is obtained against such person for
him to cease using the house, building, premise or place as
a care centre,
whichever is the earlier.
(4) 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.
(5) 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 care
centre in contravention of this Act.
Care Centres 17
Right to refuse compliance in absence of proof of identity and
authority
17. Any person may refuse to comply with any demand or order by
the Director General or an authorized officer acting under this Act if
the Director General or authorized officer refuses, on demand, to
produce proof of his identity and authority.
PART IV
MISCELLANEOUS
Offences and penalties
18. Any person who—
(a) operates or takes part in the management of a registered
care centre in any premises other than the premises
specified in the certificate of registration of the registered
care centre;
(b) operates or takes part in the management of a care centre
which is operated in any name other than the name in
which it is registered;
(c) in or in connection with any application under this Act
makes any statement or furnishes any information,
whether orally or in writing, which is, or which he knows
or reasonably ought to know is, false in any material
particular;
(d) obstructs the Director General or any authorized officer in
the exercise of any of his powers under this Act;
(e) refuses to produce any record upon being so required
under section 13 or 16, or refuses to answer any question
put to him under section 13 or 16, or gives an answer
which is, or which he knows or reasonably ought to know
is, false in any material particular;
(f) fails to comply with an order under section 15;
18 Laws of Malaysia ACT 506
(g) fails to cause a copy of the certificate of registration to be
exhibited in accordance with subsection 10(4);
(h) 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
10(5); or
(i) fails to surrender the certificate of registration upon
ceasing to operate a care centre in accordance with
subsection 10(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 and by employees and agents
19. (1) Where any offence against any provision of this Act or any
regulations made under section 24 or any condition imposed under
section 7 has been committed by a body corporate, any person who at
the time of the commission of the offence was a director, manager,
secretary or other similar officer of the body corporate or was
purporting to act in any such capacity, or was in any manner or to any
extent responsible for the management of any of the affairs of such
body corporate, or was assisting in such management, shall be guilty
of that offence unless he proves that the offence was committed
without his consent or connivance and that he exercised all such
diligence to prevent the commission of the offence as he ought to
have exercised, having regard to the nature of his functions in that
capacity and to all the circumstances.
(2) Where any person (in this subsection referred to as “the
principal”) would be liable under this Act to any punishment or
penalty for any act, omission, neglect or default, he shall be liable to
the same punishment or penalty for every such act, omission, neglect
or default of any employee or agent of his, or of the employee of such
agent, if such act, omission, neglect or default was committed by the
principal’s employee in the course of his employment, or by the agent
when acting on behalf of the principal, or by the employee of such
agent in the course of his employment by such agent or otherwise on
behalf of the agent.
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Presumption
20. In any prosecution for any offence under this Act, if it is proved
that any person did any act in connection with the organization,
operation, or management of a care centre, it shall be presumed, until
the contrary is proved, that that person took part in the management
of the care centre.
Institution of prosecution
21. No prosecution for an offence under this Act or any regulations
made under this Act shall be instituted except by or with the written
consent of the Public Prosecutor.
Compounding of offences
21A. (1) The Director General may, with the consent of the Public
Prosecutor, compound any offence committed by any person against
this Act or any regulations made under this Act by making a written
offer, in the form as may be prescribed, to the person reasonably
suspected of having committed the offence to compound the offence
upon payment to the Director General of an amount of money not
exceeding fifty per centum of the amount of maximum fine for that
offence within the time specified in the offer.
(2) 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.
(3) 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.
20 Laws of Malaysia ACT 506
Appeal to Minister
22. Any person aggrieved by any decision or act of the Director
General under this Act may, within thirty days from the date he is
notified of the decision or act, appeal in writing to the Minister,
whose decision shall be final.
Exemption
23. The Minister may, by order published in the Gazette, subject to
any conditions which he thinks fit to impose, exempt any care centre,
or any class, category or description of care centres, from any
provision of this Act or any regulations made thereunder, if the
Minister is satisfied that there are special circumstances, and that it
would not be contrary to public interest, to do so.
Regulations
24. (1) The Minister may make regulations to carry out the purposes
of this Act.
(2) In particular and without prejudice to the generality of
subsection (1), regulations under this section may provide for all or
any of the following matters:
(a) the operation, management, and supervision of registered
care centres;
(b) the duties and responsibilities of operators of registered
care centres;
(c) the qualifications, experience, appointment, duties,
responsibilities, and discipline of persons involved in the
operation, management, and supervision of registered care
centres;
(d) the health and nutritional care of residents and persons
received for care at registered care centres;
(e) the registration of persons employed in registered care
centres;
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(f) the keeping and maintenance of registers and other
records pertaining to registered care centres, and to the
residents and persons received for care thereat;
(g) the minimum requirements to be observed by registered
care centres including sanitary requirements, water
supplies, requirements as to equipment, and requirements
pertaining to health;
(h) the forms to be used and the information to be furnished
for any of the purposes of this Act;
(i) the issuance of certificates, and the issuance of copies of
certificates if the original certificates have been lost or
destroyed;
(j) the fees to be paid under this Act; and
(k) any matter which is required to be or which may be
prescribed under this Act.
22 Laws of Malaysia ACT 506
LAWS OF MALAYSIA
ACT 506
CARE CENTRES ACT 1993
LIST OF AMENDMENTS
Amending law Short Title In force from
Act A1292 Care Centres (Amendment) 01-08-2008
Act 2007
Care Centres 23
LAWS OF MALAYSIA
Act 506
CARE CENTRES ACT 1993
LIST OF SECTIONS AMENDED
Section Amending authority In force from
2 Act A1292 01-08-2008
3 Act A1292 01-08-2008
10 Act A1292 01-08-2008
11 Act A1292 01-08-2008
11A Act A1292 01-08-2008
16A Act A1292 01-08-2008
18 Act A1292 01-08-2008
21 Act A1292 01-08-2008
21A Act A1292 01-08-2008
