REGISTRATION OF CHILD CARE CENTRES
4 All child care centres to be registered
Subject to the provisions of this Act, every child care centre shall be registered under this Act.
5 Categories of child care centres
There shall be four categories of child care centres as follows:
(a) 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;
(b) work place based child care centre which is a child care centre at a work place which receives ten or more children;
(c) 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
(d) 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.
6 Prohibition of unregistered child care centres
(1) No person shall operate or take part in the management of a child care centre which is not registered under the provisions of this Act.
(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 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.
(1) Application for registration in respect of a child care centre shall be made to the Director General in the prescribed form.
(2) 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.
(3) The Director General may in his discretion register or refuse to register any child care centre.
8 Terms and conditions to be imposed
The Director General may register any child care centre subject to the following-
(a) limiting the number of children who may be received in such child care centre at any one time;
(b) 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;
(c) 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;
(d) ensuring that such child care centre shall be adequately and suitably equipped and maintained;
(e) 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;
(f) complying with any requirement relating to the structure, fire precautions, health, sanitation and safety;
(g) any other conditions which the Director General deems fit and proper.
9 Register to be kept
(1) 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-
(a) the name and address of every person registered in respect of any child care centre;
(b) the name and address of every registered child care centre; and
(c) such other particulars as the Director General thinks fit.
(2) 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.
10 Inspection of register kept
Any person may, on application in writing to the Director General and on payment of a prescribed fee, inspect the register kept under section 9 during office hours.
11 Certificate of registration
(1) Where any child care centre is registered, the Director General shall upon payment of a prescribed fee issue a certificate of registration in the prescribed form in respect of such child care centre, and such certificate shall specify the address of the child care centre to which the registration relates and also any conditions imposed under the provisions of this Act.
(2) 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.
(3) Every certificate of registration issued under the provision of this section shall be valid for sixty calendar months.
(4) 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.
(5) 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.
(6) 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.
For the purposes of this Part, the Director General includes the State Director.