Workers’ Minimum Standards of Housing and 1

Amenities (Amendment)
A BILL

i n t i t u l e d

An Act to amend the Workers’ Minimum Standards of Housing

and Amenities Act 1990.

[ ]

ENACTED by the Parliament of Malaysia as follows:

Short title and commencement

1. (1) This Act may be cited as the Workers’ Minimum Standards

of Housing and Amenities (Amendment) Act 2019.

(2) This Act comes into operation on a date to be appointed by

the Minister by notification in the Gazette and the Minister may
appoint different dates for the coming into operation of different
provisions of this Act.

Amendment of long title

2. The Workers’ Minimum Standards of Housing and Amenities

Act 1990 [Act 446], which is referred to as the “principal Act”
in this Act, is amended in the long title—

in the English language text, by substituting for the word

(a)
“workers” the word “employees”; and
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by inserting after the words “their dependants,” the words

(b)
“accommodations for employees not accompanied by
dependants and centralized accommodations,”.

General amendment

3. The principal Act is amended—

in the English language text, by substituting for the word

(a)
“worker”, wherever appearing in sections 5, 8, 16, 17,
18, 20, 21, 23 and 27, the word “employee”;

in the English language text, by substituting for the word

(b)
“workers”, wherever appearing in sections 5, 6, 7, 9,
15, 17, 18, 19, 22, 23 and 27, the word “employees”;

in the English language text, by substituting for the words

(c)
“a worker”, wherever appearing in sections 17, 18 and
21, the words “an employee”;

in the English language text, by substituting for the word

(d)
“workers’ ”, wherever appearing in section 23, the word
“employees’ ”;

by substituting for the words “two thousand”, wherever

(e)
appearing in sections 18, 20 and 33, the words “fifty
thousand”; and

by substituting for the words “one hundred”, wherever

(f)
appearing in sections 18, 20 and 33, the words “one
thousand”.

Amendment of section 1

4. Section 1 of the principal Act is amended—

in subsection (1), by substituting for the words

(a)
“Workers’ Minimum Standards of Housing” the
words “Employees’ Minimum Standards of Housing,
Accommodations”; and

in subsection (2), by substituting for the words “throughout

(b)
Malaysia” the words “to Peninsular Malaysia and the
Federal Territory of Labuan”.
 Workers’ Minimum Standards of Housing and 3
Amenities (Amendment)
Reference to Workers’ Minimum Standards of Housing and
Amenities Act 1990

5. All references to the Workers’ Minimum Standards of Housing

and Amenities Act 1990 in any written law or document shall,
when this Act comes into operation, be construed as references to
the Employees’ Minimum Standards of Housing, Accommodations
and Amenities Act 1990.

Amendment of section 2

6. Section 2 of the principal Act is amended—

in the shoulder note, by inserting after the word “application”

(a)
the words “of Part II”; and

in subsection (1), by substituting for the words “Nothing

(b)
in this Act shall” the words “Part II of this Act shall
not”.

Amendment of section 3

7. Section 3 of the principal Act is amended—

in the definition of “building”—

(a)

(i) by inserting after the word “means” the words

“, in relation to Part II,”; and

(ii) in the English language text, by substituting for

the word “workers” the word “employees”;

(b) in the definition of “contract of service”, in the English

language text, by substituting for the words “a worker”
wherever appearing the words “an employee”;

in the definition of “employer”—

(c)

(i) in paragraph (a), in the English language text, by

substituting for the words “a worker” the words
“an employee”;
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(ii) in paragraph (b), by deleting the words ‘and the

term “employ” with its grammatical variations
and cognate expressions, shall be construed
accordingly;’; and

(iii) by inserting after paragraph (b) the words ‘and the

word “employ”, with its grammatical variations
and cognate expressions, shall be construed
accordingly;’;

in the definition of “Minister”, by substituting for the

(d)
words “for the time being charged with the responsibility
for labour” the words “charged with the responsibility
for human resources”;

in the definition “Medical Officer of Health”, by substituting

(e)
for the words “, any State Deputy Director of Medical
and Health Services, the Sabah State Director of Medical
Services and his Deputy and the Sarawak State Director
of Medical Services and his Deputy” the words “and any
State Deputy Director of Medical and Health Services”;

by inserting after the definition of “District Engineer”

(f)
the following definition:

‘ “employee” has the meaning assigned to it in

subsection 2(1) of the Employment Act 1955;’;

by deleting the definition of “worker”;

(g)

in the definition of “resident registered medical practitioner”,

(h)
in the English language text, by substituting for the word
“workers” the word “employees”;

in the definition of “resident manager”, in the English

(i)
language text, by substituting for the word “workers”
the word “employees”;

in the definition of “dependant”, in the English language

(j)
text—

(i) by substituting for the words “a worker” the words

“an employee”; and

(ii) by substituting for the word “worker” wherever

appearing the word “employee”; and
 Workers’ Minimum Standards of Housing and 5
Amenities (Amendment)
in the definition of “place of employment”, in the English
(k)
language text, by substituting for the word “workers”
the word “employees”.

Amendment of section 10

8. Section 10 of the principal Act is amended—

in the English language text, by substituting for the word

(a)
“workers” wherever appearing the word “employees”;

in subsection (1)—
(b)

(i) by substituting for the word “10” the word “five”;

and

(ii) in the English language text, by substituting for

the word “workers’ ” the word “employees’ ”;
and

in subsection (4)—
(c)

(i) by substituting for the word “two” the word “fifty”;

and

(ii) by substituting for the words “one hundred” the

words “one thousand”.

Amendment of section 11

9. Section 11 of the principal Act is amended—

in the English language text, by substituting for the word

(a)
“workers” wherever appearing the word “employees”;

in subsection (2), in the English language text, by

(b)
substituting for the words “A worker” the words
“An employee”;

in subsection (3), in the English language text—

(c)

(i) by substituting for the words “a worker” the words

“an employee”; and
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(ii) by substituting for the words “another worker” the

words “another employee”; and

in subsection (6)—
(d)

(i) by substituting for the word “one” the word “fifty”;

and

(ii) by substituting for the word “fifty” the words “one

thousand”.

Amendment of section 12

10. Section 12 of the principal Act is amended—

in subsection (1), in the English language text,

(a)
by substituting for the word “workers” the word
“employees”; and

(b) in subsection (3)—

(i) by substituting for the word “one” the word “fifty”;

and

(ii) by substituting for the word “fifty” the words “one

thousand”.

Amendment of section 13

11. Section 13 of the principal Act is amended—

by substituting for the word “Act” wherever appearing

(a)
the word “Part”;

by substituting for the words “A worker engaged in

(b)
such place of employment as may be prescribed by the
Minister” the words “An employee”; and

in the English language text, by substituting for the word

(c)
“worker” the word “employee”.
 Workers’ Minimum Standards of Housing and 7
Amenities (Amendment)
Amendment of section 14

12. Section 14 of the principal Act is amended, in the English

language text—

by substituting for the word “worker’s” the word

(a)
“employee’s”; and

by substituting for the word “worker” the word “employee”.

(b)

New Part IIIa

13. The principal Act is amended by inserting after section 24

the following Part:

“Part IIIa

ACCOMMODATION

Application

24a.  This Part shall apply to employees who are employed

otherwise than to work in an estate.

Interpretation

24b.  In this Part—

“person in charge of accommodation” means any person

appointed by an employer or centralized accommodation
provider to be responsible for the management of the
accommodation, and safety and health of the employees and
other amenities in the accommodation;

“accommodation” means any permanent or temporary

building or structure including any house, hut, shed or roofed
enclosure used for the purpose of human habitation;

“centralized accommodation” means any building used

for the housing of employees employed by one or more
employers;
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“centralized accommodation provider” means any person

who provides and manages a centralized accommodation
and supervises the services provided therein for one or more
employers, but does not include an employer who provides
accommodations for his own employees.

Functions and powers of Director General in relation to

accommodation

24c.  (1)  For the purposes of this Part, the Director General
shall have the following functions:

to administer and regulate all matters relating to an

(a)
accommodation;

to direct employer or centralized accommodation

(b)
provider to submit any information and documents
relating to an employee’s accommodation;

to issue any directions to an employer or a centralized

(c)
accommodation provider to provide any other
amenities relating to an accommodation;

to issue a Certificate for Accommodation; and

(d)

to do anything incidental to any of his functions

(e)
under this Part.

(2) The Director General shall have the powers to do all

things necessary or expedient for or in connection with the
performance of his functions under this Part.

Accommodation to be certified with Certificate for

Accommodation

24d.  (1)  No accommodation shall be provided to an employee

unless certified with a Certificate for Accommodation.

(2) An application for a Certificate for Accommodation

shall be made by an employer or a centralized accommodation
provider to the Director General in the form and manner
as may be determined by the Director General and shall be
accompanied by the prescribed processing fee.
 Workers’ Minimum Standards of Housing and 9
Amenities (Amendment)
(3)  An employer who contravenes subsection (1) commits
an offence and shall, on conviction, be liable to a fine not
exceeding fifty thousand ringgit.

(4)  A centralized accommodation provider who contravenes

subsection (1) commits an offence and shall, on conviction,
be liable to a fine not exceeding fifty thousand ringgit or to
imprisonment for a term not exceeding one year or to both.

Employer to give notice of occupation

24e.  (1)  An employer shall, within thirty days from the date
an accommodation is occupied by his employee, inform the
Director General of such occupation in the form and manner
as may be determined by the Director General.

(2)  Any employer who contravenes subsection (1) commits

an offence and shall, on conviction, be liable to a fine not
exceeding ten thousand ringgit.

Accommodation to comply with minimum standards

24f.  An employer or a centralized accommodation provider

shall ensure that every accommodation provided for employees
complies with the minimum standards required under this
Act or any regulations made thereunder.

Deductions in respect of rent or charge for accommodation

24g.  (1)  Subject to any conditions as may be prescribed by

the Minister, an employer may collect from an employee
any sum for rent or charge in respect of any accommodation
provided by the employer or any centralized accommodation
provider under this Part.

(2)  The sum collected under subsection (1) shall be made

by deductions from the wages of the employee.
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Accommodation to comply with the laws of local authorities

24 h .  (1) Notwithstanding section 24 d , no employer or

centralized accommodation provider shall use any building as
accommodation if the building is unfit for human habitation
in accordance with the relevant written laws.

(2)  Any employer or centralized accommodation provider

who contravenes subsection (1) commits an offence and
shall, on conviction, be liable to a fine not exceeding fifty
thousand ringgit.

Amenities

24i.  An employer or a centralized accommodation provider

shall provide decent and adequate amenities in accordance
with this Act or any regulations made thereunder.

Duties and responsibilities in respect of safety and health

24j.  An employer or a centralized accommodation provider

who provides accommodation for an employee under this Part
shall have the following duties and responsibilities:

to provide separate accommodation to employees of

(a)
the opposite gender;

to take necessary preventive measures to ensure

(b)
employees’ safety and well-being;

to take fire safety measures in accordance with the

(c)
relevant written laws;

to ensure that the electrical wiring systems comply

(d)
with safety requirements in accordance with the
relevant written laws;

to ensure that the employees receive the necessary

(e)
medical assistance; and
 Workers’ Minimum Standards of Housing and 11
Amenities (Amendment)
to take preventive measures to contain the spread of
(f)
infectious diseases as ordered by the Medical Officer
of Health in accordance with the relevant written
laws and the employer shall, at his own expense,
make arrangements as ordered by the Medical Officer
of Health so that all or any of the employees be
given immunization against any infectious disease.

Maintenance

24 k .  An employer and a centralized accommodation

provider shall ensure that every accommodation provided
for employees under this Part is maintained as directed by
the Director General.

Appointment of person in charge of accommodation

24l.  (1)  An employer or a centralized accommodation provider

shall appoint at least one person in charge of accommodation
provided under this Part, who will be responsible for the
safety and well-being of the employees and the management
of the accommodations and amenities, in accordance with the
provisions of this Act or any regulations made thereunder.

(2) It shall be the duty of the person in charge of

accommodation—

to ensure that employees comply with the disciplinary

(a)
rules as may be determined by the employer;

to visit and inspect the accommodation at least twice

(b)
a month and keep a record of the inspection as may
be determined by the Director General in the place
of employment; and

to ensure an employee is taken to a clinic or hospital

(c)
if the employee complains of his health, or appears
to be unwell or suffering from any disease or medical
condition, and keeps a record of complaints as may
be determined by the Director General in the place
of employment.
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Notice to vacate accommodation

24m.  (1)  Subject to subsection (2), if an employee resigns

under a contract of service or his employment is otherwise
terminated by not less than four weeks’ notice, the employee
shall vacate the accommodation upon the effective date of his
resignation or the date the contract of service is terminated.

(2) Notwithstanding subsection (1), an employee whose

contract of service is terminated by less than four weeks’
notice or is terminated with immediate effect shall vacate
the accommodation within four weeks from the date of the
notice or the date the contract of service is terminated.

Employer not obligated to provide accommodation for

employees’ dependants

24n.  Nothing in this Part shall render an employer obligated

to provide accommodation for the dependants of an employee
who is provided with accommodation under this Part.”.

Amendment of section 25

14. Subsection 25(2) of the principal Act is amended—

in paragraph (a)—
(a)

(i) in the English language text, by substituting for

the word “workers” the word “employees”; and

(ii) by substituting for the words “water and electricity”

the words “water supplies, potable water supplies
and electricity”; and

by inserting after paragraph (a) the following paragraphs:

(b)

“(aa) to prescribe the minimum requirements for

various classes of buildings to be used for the
accommodation and centralized accommodation
of employees and the minimum sanitary
 Workers’ Minimum Standards of Housing and 13
Amenities (Amendment)
requirements, water supplies, potable water
supplies and electricity supplies and other
matters pertaining to health in respect of such
buildings;

to prescribe any class, category or description

(ab)
of employees that is required to be provided
with accommodation under Part IIIa;

(ac) to prescribe the maximum rental or charges for

accommodation that may be collected under
Part IIIa;”.

New section 26a

15. The principal Act is amended by inserting after section 26

the following section:

“Power to issue directions

26a.  The Minister may issue such directions as he considers

necessary for the purposes of ensuring compliance with this
Act.”.

Substitution of section 28

16. The principal Act is amended by substituting for section 28

the following section:

“Institution of prosecution

28.  A prosecution for any offence under this Act or any

regulations made thereunder shall not be instituted except
by or with the written consent of the Public Prosecutor.”.
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New sections 28a and 28b

17. The principal Act is amended by inserting after section 28

the following sections:

“Compounding of offences

28a.  (1)  The Minister may, with the approval of the Public
Prosecutor, make regulations prescribing—

(a) any offence under this Act or any regulations

made under this Act as an offence which may be
compounded;

(b) the criteria for compounding such offence; and

(c) the method and procedure for compounding such

offence.

(2) The Director General or any officer authorized in

writing by the Director General may, with the consent in
writing of the Public Prosecutor, at any time before a charge
is being instituted, compound any offence prescribed as an
offence which may be compounded by making a written
offer to the person reasonably suspected of having committed
the offence to compound the offence upon payment to the
Director General of a sum of money not exceeding fifty per
centum of the amount of the maximum fine to which the
person would have been liable to if he had been convicted
of the offence, within such time as may be specified in the
written offer.

(3)  An offer under subsection (2) may be made at any

time after the offence has been committed but before any
prosecution for it has been instituted.

(4) If the amount specified in the offer is not paid within

the time specified in the offer, or such extended time 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.
 Workers’ Minimum Standards of Housing and 15
Amenities (Amendment)
(5)  Where an offence has been compounded under this
section—

(a) no prosecution shall be instituted in respect of the

offence against the person to whom the offer to
compound was made; and

(b) any document or thing seized in connection with the

offence may be released by the Director General,
subject to such terms as the Director General thinks
fit.

(6)  All sums of moneys received by the Director General

under this section shall be paid into and form part of the
Federal Consolidated Fund.

Protection against suits and legal proceedings

28b.  No action, suit, prosecution or any other proceedings

shall lie or be brought, instituted or maintained in any court
against the Minister, the Director General or any officer
vested in him with powers by the Minister under section 26
in respect of any act, neglect or default done or omitted by
it or him in good faith, in such capacity.”.

New section 29a

18.  The principal Act is amended by inserting after section 29

the following section:

“Offence by company, etc.

29 a .  Where any person who commits an offence under

this Act is a company, limited liability partnership, firm,
society or other body of persons, a person who at the time
of the commission of the offence was a director, compliance
officer, partner, manager, secretary or other similar officer
of the company, limited liability partnership, firm, society
or other body of persons or was purporting to act in the
capacity or was in any manner or to any extent responsible
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for the management of any of the affairs of the company,

limited liability partnership, firm, society or other body of
persons or was assisting in its management—

may be charged severally or jointly in the same

(a)
proceedings with the company, limited liability
partnership, firm, society or the body of persons;
and

if the company, limited liability partnership, firm,

(b)
society or the body of persons is found guilty of
the offence, shall be deemed to be guilty of that
offence and shall be liable to the same punishment
or penalty as an individual unless, having regard
to the nature of his functions in that capacity and
to all circumstances, he proves—

(i) that the offence was committed without his

knowledge; or

(ii) that the offence was committed without his

consent or connivance and that he had taken
all reasonable precautions and exercised due
diligence to prevent the commission of the
offence.”.

Amendment of section 31

19. Section 31 of the principal Act is amended—

by substituting for the word “five” the word “fifty”; and

(a)

by substituting for the words “one hundred” the words

(b)
“one thousand”.

Amendment of section 32

20. Section 32 of the principal Act is amended—

(a) by substituting for the word “two” the word “ten”; and

by substituting for the words “one hundred” the words

(b)
“one thousand”.
 Workers’ Minimum Standards of Housing and 17
Amenities (Amendment)

Saving and transitional

21. (1) Any approval or permission granted under the principal

Act before the date of coming into operation of this Act shall
continue to be valid until the expiry of the approval or permission
as if the principal Act had not been amended by this Act.

(2) All applications for approval or permission of the Director

General which are pending before the date of coming into operation
of this Act shall, on the date of coming into operation of this
Act, be dealt with by the Director General under the provisions
of the principal Act as amended by this Act.

(3) Any order, notice, summons, form or directive made, issued

or given under the principal Act shall, in so far as it is consistent
with the principal Act as amended by this Act, continue to be
valid and be deemed to have been made, issued or given under
the provisions of the principal Act as amended by this Act.

(4) Any inquiry, trial or proceedings done, taken or commenced

under the principal Act immediately before the commencement of
this Act shall be continued and concluded under and in accordance
with the provisions of the principal Act as if the principal Act
had not been amended by this Act.

EXPLANATORY STATEMENT

This Bill seeks to amend the Workers’ Minimum Standards of Housing and
Amenities Act 1990 (“Act 446”) to be in line with the evolution of international
labour standards especially in terms of compliance with the standards as
practiced by developing countries, which are in line with the International
Labour Organization, specifically Recommendation 115 – Worker’s Housing
Recommendation, 1961.

This Bill seeks to expand the coverage of Act 446, which previously applied
only to estate employees, to other employment sectors. The Bill aims to help
sustain the economic growth of the country and attract foreign investments
especially in high-tech industries.

2. Clause 1 contains the short title and the provision on the commencement
of the proposed Act.
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3. Clause 2 seeks to amend the long title of Act 446 to extend its scope to
cover other employment sectors in addition to the estate sector, in that Act 446
would now have the power to regulate minimum standards of accommodation
for employees whose place of employment is other than the estates.

4. Clause 3 seeks to provide for a general amendment to the English language text
to substitute for the word “worker” the word “employee”, the word “workers” the
word “employees”, the words “a worker” the words “an employee” and the word
“workers’ ” the word “employees’ ”, to be consistent with the Employment Act 1955
[Act 265]. The clause also seeks to amend sections 18, 20 and 33 to increase
the punishments imposed for offences under those sections.

5. Clause 4 seeks to amend the short title of Act 446 to reflect the extension
of its scope to cover other employment sectors in addition to the estate sector.
The proposed provision also amends the scope of application of Act 446, which
previously applies throughout Malaysia, to only apply to Peninsular Malaysia
and the Federal Territory of Labuan. This follows consultations made with
the Government of Sabah and the Government of Sarawak. In this regard,
the Government of Sabah and the Government of Sarawak have agreed that
corresponding laws will be provided in their Labour Ordinance (Sabah Cap. 67)
and Labour Ordinance (Sarawak Cap. 76).

6. Clause 5 seeks to provide that any reference to the Workers’ Minimum

Standards of Housing and Amenities Act 1990 in any written law or document
shall, when the proposed Act comes into operation, be construed as references
to the Employees’ Minimum Standards of Housing, Accommodations and
Amenities Act 1990.

7. Clause 6 seeks to amend section 2 of Act 446 to limit the extent of the
application of Part II of Act 446 in respect of the provision of housing and
amenities to employees whose places of employment or part thereof which
are situated in places other than within the area of a City Council, Municipal
Council or a Federal Territory.

8. Clause 7 seeks to amend section 3 of Act 446 to introduce a new definition

and amend certain existing definitions.

9. Clause 8 seeks to amend section 10 of Act 446 by substituting for the

terms “workers” and “workers’ ” the terms “employees” and “employees’ ”
respectively. The proposed provision further seeks to provide that an employer,
if ordered to do so by the Director General, is under the obligation to provide
a nursery if the employees have together at least five dependants under four
years of age living with them. Previously, an employer was under such duty
if there were at least ten dependants under four years of age living with the
employees. The proposed provision also seeks to increase the punishments
imposed for an offence under this section.

10. Clauses 9 and 10 are amendments to sections 11 and 12 respectively in

consequence of amending the term “worker” to “employee”. The proposed
provisions also seek to increase the punishments imposed for offences under
those sections.

11. Clause 11 s­ eeks to amend section 13 of Act 446 to prevent an employer

from imposing any payment as rent or charge on his estate employees who
are provided with housing and amenities.
 Workers’ Minimum Standards of Housing and 19
Amenities (Amendment)
12. Clause 13 seeks to introduce a new Part IIIa into Act 446 relating to
accommodations for employees.

The proposed new section 24a seeks to provide that the new Part IIIa
shall apply to employees who are employed to work at places other than in
an estate.

The proposed new section 24b contains the definition of words and phrases
used in the proposed new Part IIIa.

The proposed new section 24c seeks to provide for the functions and powers
of the Director General in relation to accommodations.

The proposed new section 24d seeks to provide that an employer or a

centralized accommodation provider who provides accommodation for employees
shall obtain a Certificate for Accommodation from the Director General. Failure
to comply shall render the employer or centralized accommodation provider
guilty of an offence.

The proposed new section 24e seeks to provide for the obligation of an
employer to inform the Director General if his employee has occupied any
accommodation provided by him or by a centralized accommodation provider.
This is to ensure more effective enforcement of the Act by the Director General.

The proposed new section 24f imposes the obligation on an employer and a
centralized accommodation provider to ensure that all accommodations provided
to employees are in compliance with the minimum standards specified under
Act 446 or the regulations made thereunder.

The proposed new section 24g seeks to allow an employer to collect any
sum for rent or charge in respect of accommodation provided under the new
Part IIIa. The sum for rent or charge shall be collected by way of deduction
from the wages of the employee.

The proposed new section 24 h seeks to ensure compliance with the

building and construction requirements under other relevant written laws, in
addition to the compliance required under Act 446. In practice, an employer
or a centralized accommodation provider would have to secure the necessary
certifications under the relevant written laws pertaining building and construction
before submitting an application to the Director General for a Certificate for
Accommodation under the proposed new section 24d.

The proposed new section 24i imposes the duty on an employer and a
centralized accommodation provider to provide decent and adequate amenities
to employees in accordance with the minimum standards specified under
Act 446 or the regulations made thereunder.

The proposed new section 24j seeks to impose the duties and responsibilities
on an employer and a centralized accommodation provider in respect of the
safety and health of employees who are provided with accommodation under
the new Part IIIa. The duties and responsibilities include to take preventive
measures relating to fire safety and containing the spread of infectious diseases.
20 Bill
The proposed new section 24k seeks to provide that an employer and a
centralized accommodation provider shall ensure the proper maintenance of
the accommodations provided under the new Part IIIa.

The proposed new section 24l seeks to provide for the appointment of
a person in charge of an accommodation, who will be responsible for the
employees’ welfare and discipline at the accommodation.

The proposed new section 24m seeks to provide for vacation of accommodation
in the event an employee resigns under his contract of service or his contract
of service is terminated.

The proposed new section 24n seeks to provide that an employer who
provides accommodation for his employee is not obligated to also provide
accommodation for the employee’s dependants.

13. Clause 14 seeks to amend section 25 of Act 446 to empower the Minister
to regulate matters relating to accommodations under the new Part IIIa.

14. Clause 15 seeks to introduce a new section 26a into Act 446 to give the
Minister power to issue the necessary directions to ensure compliance with
Act 446.

15. Clause 16 seeks to substitute the existing section 28 of Act 446 to

provide that proceedings for offences under Act 446 shall be instituted only
with the written consent of the Public Prosecutor.

16. Clause 17 seeks to introduce new sections 28a and 28b into Act 446.
The proposed new section 28a provides for compounding of offences under
Act 446 or regulations made thereunder. The proposed new section 28 b
protects the Minister, Director General and officers vested with powers by
the Minister under section 26 of Act 446 from any action, suit, prosecution
or other proceedings in respect of any act, neglect or default done or omitted
in good faith.

17. Clause 18 seeks to introduce a new section 29a into Act 446 to provide
that where an offence is committed under Act 446 by a company, limited
liability partnership, firm, society or other body of persons, the director,
compliance officer, partner, manager, secretary or other similar officer of the
company, etc. may be charged severally or jointly in the same proceedings
with the company, etc. and if the company, etc. is found guilty, the director,
compliance officer, partner, manager, secretary or other similar officer shall
be deemed to be guilty of that offence.

18. Clauses 19 and 20 seek to amend sections 31 and 32 respectively to

increase the punishments imposed for offences under those sections.

19. Clause 21 deals with the saving and transitional provision.

 Workers’ Minimum Standards of Housing and 21
Amenities (Amendment)
20. Other amendments not specifically dealt with in this Explanatory Statement
are minor or consequential in nature.

FINANCIAL IMPLICATIONS

This Bill will involve the Government in extra financial expenditure the amount
of which cannot at present be ascertained.

[PN(U2)3165]