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Child Care Centre Act 1984 [Act 308]

Part VI

MISCELLANEOUS

17 Offences and penalties

Any person who-

(a) 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;

(b) 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;

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

(d) 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;

(e) 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;

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

(g) 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);

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

(i) 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.

17A Offences by body corporate, etc

Where an offence under this Act or any regulations made under this Act has been committed by a body corporate, partnership or society-

(a) 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;

(b) in the case of a partnership, every partner in the partnership at the time of the commission of the offence; or

(c) 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.

18 Presumption

In any prosecution for any offence under this Act, if it is proved that any person did any act in connection with the organization or operation of a child care centre, it shall be presumed, until the contrary is proved, that such person took part in the management of such child care centre.

19 Existing child care centres

Any person who manages or maintains a child care centre at the date of coming into force of this Act shall within a period of six months from the date of such commencement apply to the Director General in the prescribed form for the issue of a certificate of registration.

20 Power to enter and inspect premises

(1) The Director General or any authorized officer shall have power to enter at any reasonable time any premises reasonably suspected of being used for the purpose of a child care centre without registration or where he has any reasonable grounds for believing that there has been contravention of the provisions of this Act and shall inspect such premises to make any inquiry which he considers necessary.

(2) In the course of inspection under this section the Director General or any authorized officer may-

(a) put questions concerning the management of the child care centre to the person registered under this Act and to any other person in charge of the child care centre whose evidence he may consider necessary, and all such persons shall be legally bound to answer such questions truthfully to the best of their ability;

(b) require the person in charge to produce before him all or any of the records required to be kept under this Act; and

(c) seize or take copies of any record produced before him under paragraph (b).


(3) 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.

20A Power to seal

(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 child 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 child care centre.

(2) The person using the house, building, premise or place as a child 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 child 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 child 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 child care centre in contravention of this Act.

21 Institution of prosecution

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.

21A Compounding of offences

(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.

22 Appeal

Any person aggrieved by the decision of the Director General under this Act shall within thirty days of the notification of such decision appeal in writing to the Minister whose decision shall be final and shall not be questioned in any court of law on any ground.

23 Regulations

(1) The Minister may make regulations to carry out the purposes of this Act.

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

(a) the operation, management and supervision of child care centres;

(b) the duties and responsibilities of persons registered in respect of child care centres;

(c) the qualifications, experience, appointment, duties, responsibilities and discipline of persons for the purposes of the operation, management and supervision of child care centres;

(d) the health and nutrition care of the children cared for in child care centres;

(e) the registration of child minders employed in child care centres;

(f) the keeping and maintenance of such registers pertaining to children, in such form as the Minister deems fit;

(g) the prescribing of the minimum requirements for child care centres to be used for the reception of children and to provide for the minimum sanitary requirements, water supplies and other matters pertaining to health in respect of such buildings;

(h) the prescribing of the minimum equipment;

(i) the prescribing of forms to be used and the information to be furnished for any of the purposes of this Act;

(j) the granting of certificates and the issue of copies of the certificates in the case of the certificates being lost or destroyed;

(k) the fees to be paid under this Act;

(l) the prescription of anything which is required to be or which may be prescribed under the Act.



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