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Housing and Amenities
LAWS OF MALAYSIA
REPRINT
Act 446
WORKERS’ MINIMUM
STANDARDS OF HOUSING AND
AMENITIES ACT 1990
Incorporating all amendments up to 1 January 2006
PUBLISHED BY
THE COMMISSIONER OF LAW REVISION, MALAYSIA
UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968
IN COLLABORATION WITH
PERCETAKAN NASIONAL MALAYSIA BHD
2006
PREVIOUS REPRINT
Act 446
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title, application and commencement
2. Extent of application
3. Interpretation
4. Exemption
PART II
PART IV
REGULATIONS
25. Regulations
PART V
26. Minister may vest certain officers with power and duties
27. Power of Director General, etc. to inspect, investigate and to issue
summons
28. Director General may prosecute
29. Director General and officers deemed to be public servants
30. Appeals
31. Failure to comply with order under section 5, 8, 12, 15 or 19
32. Failure to comply with section 20 or 21
33. General penalty
PART VI
Act 446
PART I
PRELIMINARY
(3) This Act shall come into force on such date as the Minister
may, by notification in the Gazette appoint, and different dates
may be appointed for different provisions of this Act and for
different States.
Extent of application
2. (1) Nothing in this Act shall apply to any place of employment
or part thereof, situated within theAdam
area ofHaida
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Council or a Federal Territory. http://peguam.org
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(2) Notwithstanding subsection (1) the Minister may by order
declare this Act or any provision thereof, to be applicable to any
place of employment or to any specified class of place of employment
situated within the area of any Municipal Council.
Interpretation
“employer” means—
(a) any person who has entered into a contract of service to
employ any other person as a worker and includes the
agent, manager and factor of such first mentioned person;
or
(b) where the owner or lessee (including the agent, manager
and factor of such owner or lessee) of a place of employment
(hereinafter referred to as the first mentioned person) has
entered into an agreement, whether oral or in writing and
whether expressed or implied, with another person for
the purpose of executing any work for or connected with
any business, trade, operation or interest of such first
mentioned person, the term “employer” shall also include
such first mentioned person, and the term “employ” with
its grammatical variations and cognate expressions, shall
be construed accordingly;
“Minister” means the Minister for the time being charged with
the responsibility for labour;
Exemption
4. The Minister may by order exempt from all or any of the
provisions of this Act any employer or class of employers or any
building or class of buildings specified in the order.
PART II
(5) Where, upon the expiry of the aforesaid notice period, the
employer fails to take such action as is required to the satisfaction
of the Director General, the Director General may issue to the
employer concerned an order in writing requiring the aforesaid
employer to demolish and replace, alter or repair such building or
to make good any deficiency or defect thereof within six months
of the order and subject to such conditions as the Director General
may specify in the order; and any such order may include a directive
that no worker or his dependants shall be permitted to occupy any
such building pending such demolition and replacement, alteration
or repair, or the making good of any defect or deficiency thereof,
or until the requirements of the order have been complied with:
(2) For the purpose of this section the adequacy of water and
electricity supply shall be as determined by the Director General:
Nursery
10. (1) Where there are workers residing on the place of employment
and such workers have together no less than 10 dependants under
four years of age living with them, the Director General may, by
order, require the employer of such workers to construct at the
aforesaid place of employment within such reasonable time as may
be specified therein a nursery of a size capable of accommodating
such number of workers’ dependants as may be specified therein,
and on being so required, the employer shall construct such nursery
accordingly:
11. (1) Where there are workers residing on the place of employment,
the employer of such workers shall set aside land which has been
cleared, for allotment to such workers for cultivation, grazing or
partly cultivation and partly grazing:
12. (1) The Director General may by order require the employer
in any place of employment where there are not less than 100
workers residing at the place of employment—
(a) to construct at the aforesaid place of employment, within
such reasonable time as may be specified, a community
hall capable of accommodating such number of persons
as may be specified; and
(b) to provide facilities for sports and other recreational
activities as may be specified.
(2) The employer shall maintain the community hall, sports and
other recreational facilities aforesaid in a satisfactory condition.
Definition of dependant
14. For the purposes of this Part “dependant” means such member
of the worker’s family, namely, spouse, father, mother, and children
under the age of eighteen, including children adopted in accordance
with any written law, who are living with and dependent on the
worker.
15. (1) The Director General may, at any time by order in writing,
require any employer to construct within a reasonable time to be
stated in such order and thereafter to maintain at his own expense,
a hospital, hereinafter called “estate hospital”, on or in the immediate
neighbourhood of any estate upon which workers are employed by
him with accommodation for such number of patients as may be
stated in such order.
(3) For the purposes of subsection (1) or (2) the Director General
may further require the employer to employ a registered medical
practitioner, registered under the Medical Act 1971, to reside at
and have charge of such hospital or any hospital maintained by
such employer, and to provide such medical practitioner with fit
and proper house accommodation to the satisfaction of the Medical
Officer of Health.
(5) For the purposes of subsection (4) the Director General may
further require the employers to employ a registered medical
practitioner, registered under the Medical Act 1971, to have charge
of such group hospital and to provide such medical practitioner
with fit and proper house accommodation to the satisfaction of the
Medical Officer of Health.
(2) The Director General shall specify in such order the services,
medicine, equipment and staff to be provided and the hours during
which the treatment facilities shall be made available to the workers
and their dependants.
(2) Any person who neglects to perform the duty imposed upon
him by subsection (1) shall be guilty of an offence and shall, on
conviction, be liable to a fine not exceeding two thousand ringgit
and to a further fine of one hundred ringgit a day for each day
during which the offence continues.
(2) It shall be the duty of the employer to ensure that all buildings
used for the housing of workers, nurseries or community halls are
visited and inspected weekly by an estate hospital assistant registered
under the Estate Hospital Assistants (Registration) Act 1965
[Act 435] or any other responsible person authorized by the employer
who shall report to the resident manager if the buildings are not
kept clean or if any refuse is allowed to accumulate in the
neighbourhood of the buildings, and who shall also examine and
if necessary take, or cause to be taken, to hospital any worker
found in the buildings who appears to be suffering from any health
complaint and report to the resident manager accordingly.
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(3) The findings of the estate hospital assistant or any other
authorized person shall be recorded in a book kept at the place of
employment and be made available to the Director General or
Medical Officer of Health for inspection.
(4) In any case where the Medical Officer of Health shall consider
that the visits, inspections or other duties, prescribed by subsection
(2) are not satisfactorily carried out he may notify the resident
manager accordingly, specifying the matters in respect whereof he
is not satisfied, and the resident manager shall thereupon make
further or other arrangements as the Medical Officer of Health
may require.
Onus of proof
24. In all proceedings under this Part the onus of proving that
he is not the employer or resident manager or the person whose
duty it is under the provisions of this Part to do or to abstain from
doing anything shall be on the person who alleges that he is not
the employer, resident manager or other person, as the case may
be.
PART IV
REGULATIONS
Regulations
25. (1) The Minister may, from time to time, make such regulations
as may be necessary or expedient for giving full effect to the
provisions of this Act, or for the further, better or more convenient
implementation of the provisions of this Act.
PART V
Appeals
30. (1) Subject to subsection (2) any employer aggrieved by any
order or decision made under this Act or any regulation made
thereunder may within thirty days of such order or decision in
writing being received by him appeal to the Minister.
General penalty
33. Any employer who contravenes any provision of this Act or
any regulation made thereunder or who fails to carry out any order
made by the Director General under this Act, shall be guilty of an
offence under such provision, and if no penalty is expressly provided
for the offence shall, on conviction, be liable to a fine not exceeding
two thousand ringgit and to a further fine not exceeding one hundred
ringgit a day for each day during which the offence continues.
PART VI
[Subsection 34(1)]
REPEAL
Act 446
LIST OF AMENDMENTS
– NIL –
Act 446
– NIL –
DICETAK OLEH
PERCETAKAN NASIONAL MALAYSIA BERHAD,
KUALA LUMPUR
Adam Haida & Co
BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA
http://peguam.org
30 Laws of Malaysia ACT 446
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