LOCAL GOVERNMENT ACT 1976 BEAUTY AND HEALTH CARE CENTRE (PERBADANAN PUTRAJAYA) BY-LAWS 1999
IN exercise of the powers conferred by section 102 of the Local Government Act 1976, the Perbadanan Putrajaya makes and pursuant to section 103 of the said Act the State Authority confirms, the following by-laws:
Citation, application and commencement.
1. These by-laws may be cited as the Beauty and Health Care Centre (Perbadanan Putrajaya) By-laws 1999 and shall apply only to Putrajaya and shall come into force on the date of its publication in the Gazette.
Interpretation.
2. In these by-laws, unless the context otherwise requires -
“authorised officer” means any officer of Perbadanan authorised in writing by the President;
“beauty centre” means any premises used or represented as being used or equipped for the reception of persons requiring beauty treatment but does not include a hospital, a clinic at which patients are treated under the supervision of a registered medical practitioner registered under the Medical Act 1971, an infirmary, a nursing or convalescent home or any other similar establishment;
“bed” includes a reclining chair where a client sits, rests or lies while seeking treatment;
“beauty treatment” means any treatment by application of cosmetic or herbal remedy on the body or face for purpose of cleansing, beautifying, maintaining or improving the complexion of the body or face or for slimming the body and includes facial massage, manicure or pedicure, sauna or herbal bath and spa but does not include body massage or any form of surgery of prescription of drugs;
“client” means a person seeking treatment in a beauty and health centre;
“cosmetic” means any substance or preparation intended to be used or capable or purported or claimed to be capable of being used in or for cleansing, improving, altering or beautifying the complexion, skin, hair, teeth and included soap, toilet preparations, deodorants and perfumes; Act 368.
“drug” has the meaning assigned to it in the Sale of Drugs Act 1952 but does not include a herbal remedy and cosmetics;
“health care centre” means any premises used or represented as being used or equipped for the reception of persons requiring a body massage or physical fitness exercise with or without equipment but does not include a hospital, a clinic at which patients are treated under the supervision of a registered medical practitioner, an infirmary, a nursing or convalescent home, or any other similar establishment, or a hairdresser, premises in which facial or scalp message or manicure and pedicure treatment is given to a customer in full view of other customers;
“herbal remedy” means any drug consisting of a substance or a mixture of substances produced by drying, crushing or comminuting, but without subjecting to many other process, a natural substance or substances of plant, animal or mineral origin or any plan of such substance or substances;
“Perbadanan” means the Perbadanan Putrajaya establishment under section 3 of the Perbadanan Putrajaya Act 1995;
“Putrajaya” means the Kawasan Perbadanan Putrajaya as described in section 10 of the Perbadanan Putrajaya Act 1995;
“treatment” means any beauty treatment or a body massage and includes physical fitness exercise with or without equipment
Prohibition of beauty and health care centre without a licence
3. No place in Putrajaya shall be used as a beauty and health care centre unless licensed under then by-laws by the Perbadanan.
Application of licence
4. (1) An application for a licence under by-laws 3 shall be made to the Perbadanan in such form and manner a as Perbadanan may determine.
(2) The Perbadanan may require any applicant for the issue or renewal of a licence to attend in person or in the case of a corporation or firm, may require an authorised representative of that corporation or firm to attend at the time of issue or renewal.
(3) Upon approval of the application, the Perbadanan shall issue a licence subject to - (a) payment of the fee as set out in the Schedule; (b) such condition and restrictions as may be specified therein; and (c) payment of a deposit of such deposit of such sum as the Perbadanan may determine.
(4) The licence shall be in such form as the Perbadanan may determine.
(5) The Perbadanan may issue a licence for any period not exceeding three years and is renewable, subject to an application for renewal being made to the Perbadanan three months before expiry and the payment of the fee as set out in the Schedule on or before the expiry date.
Licence fees
5.Fee payable for a licence shall be as set out in the Schedule.
Licence is not transferable
6. A beauty and health care centre licence is not transferable unless permitted by the Perbadman in writing.
Fee not refundable
7. Fee paid under by-law 5 shall not be refundable.
Refund of deposit
8. The deposit paid under paragraph 4(3)(c) shall, unless forfeited under by-law 9, be refunded with no adjustment for interest on the amount deposited to the licensee has ceased operating the beauty and health care centre and upon surrender of the licence to the Perbadanan in the event that the licence has not expired.
Forfeiture of deposit
9. (1) The Perbadanan may forfeit the deposit in whole or in part if Perbadanan is satisfied that has been a breach of the conditions or restrictions of the licence or upon revocation of licence before the expiry date or contravention of the provisions of these by-laws.
(2) Upon forfeiture of such deposit, the licence shall be deemed to be cancelled, unless the Perbadanan on the application of the licensee allows the licence to continue to be in force subject to repayment of the deposit that has been forfeited.
Notice of cessation
10. The licensee shall notify the Perbadanan in writing as soon as he has ceased operating the beauty and health care centre.
Revocation of licence
11. The Perbadanan may at any time revoke any licence issued under these by-laws if any authorised officer of Perbadanan is satisfied that there has been a contravention of these by-laws or a breach of the conditions of the licence
Type of treatment to be specified
12. There shall be specified in every beauty and health care centre licence the type of treatment authorised to be carried out in the premises to which the licence relates.
Disqualifications
13. No licence shall be issued -
(a) to a person under the age of twenty-one years;
(b) in respect of premises, which, in the opinion of the Perbadanan, is unsuitable for the purpose of a beauty and health centre; or
(c) in respect of a health centre in which any curative massage or other curative treatment is or may be administered by any person who in the opinion of the Perbadanan does not possess the necessary technical qualification.
Prohibitions
14. No licence shall issued -
(a) employ in his beauty and health care centre any person whom he knows or has reason to believe to be a person of bad character;
(b) employ in his beauty and health care centre any person who is under the age of eighteen years;
(c) permit any gaming, prostitution or any conduct which will cause a disturbance, nuisance, injury or annoyance to the residents in the locality of the beauty and health care cenre;
(d) permit any food or intoxicating drink to be served or consumed in the beauty and health care centre;
(e) display any abscene pictures or articles in the beauty and health care centre;
(f) permit in the beauty and health care centre any treatment which is not a type of treatment authorised by the licence;
(g) allow any animal which will cause nuisance or annoyance or disturbance to enter or remain in the beauty and health care centre;
(h) hold any entertainment in the beauty and health care centre; or
(i) fasten the entrance door to the beauty and health care centre during business hours.
Closing of Pool for exclusive use
15. The Perbadanan may at any time close the Pool temporarily to the public or any section of the public and/or grant exclusive use to a school, club, association or organisation for contests, either gratuitously or for payment and make or authorise the making of charges for admission to or use thereof when so closed to the public.
Obedience to orders
16. The orders of the authorised officer shall be promptly obeyed at all times by all persons entering the Pool.
Powers of authorised officer to regulate swimming
17. The authorised officer may at any time-
(a) suspend swimming and order all bathers out of the water if, in his opinion, the condition of the water is unsatisfactory or the swimming pool is overcrowded; and (b) close the Pool and/or suspend swimming and order all bathers out of the water in the event of the breakdown of swimming pool flood?lights and/or general lighting, plant and equipment, or in any emergency which may arise detrimental to the safety of bathers.
No refund of admission fee or alternative admission date
18. In any case of suspension of swimming or closing of the Pool under by-law 17, no refund of admission fee shall be made nor an alternative admission date offered, unless the Perbadanan shall otherwise decide, and the decision of the Perbadanan shall be final.
Removal from the Pool
19. (1) Any person who contravenes these By-laws for the control and management of the Pool may be removed therefrom by the authorised officer or by any police officer.
(2) In case of removal from the Pool under paragraph (1) above, no refund of admission fee shall be made and such person may be refused admittance subsequently.
(3) Without prejudice to paragraph (1) any person who contravenes this By-laws shall be liable to prosecution.
Penalty
20. Any person who is guilty of an offence under these By-laws shall, on conviction, be liable to a fine not exceeding two thousand ringgit or to imprisonment for a period not exceeding one year or to both such fine and imprisonment.
Made by the Perbadanan Putrajaya in the meeting on the 25 February 1999
TAN SRI DATUK SERI AZIZAN BIN ZAINUL ABIDIN
President Perbadanan Putrajaya
Confirmed by the State Authority in the meeting on the 1999 [PPJ/URUS/PENT(s) JLD ( ); PU.Sel AM/0160/U]
ASMAWAR BIN SAMAT
Secretary State Executive Council Selangor
IN the legal notification of the State of Selangor No. 34 of the Malay version and English version published on 2 September 1999, the Gazette hereby amended as follows:-
substitute for the word "or" appearing in the interpretation of "kosmetik" of the national language text the word "atau"; substitute for the word "apa" appearing in the interpretation of "rawatan kecantikan" of the national language text the word "spa"; substitute the word "dilarang" appearing in by-law 15 of the national language text the word "dibenarkan"; substitute the word "susch" appearing in paragraph 4(3)(a) of the English text, the word "such"; substitute the marginal notes for by-law 18 of the English text, with the words "Sauna permitted in beauty and health care centre"; and substitute the marginal notes for by-law 19 of the English text, with the words "Register of employees and masseurs and masseuses and their medical examination".
Dated 10 July 2000. [PPj/Undang(A)10; P.U. Sel. Am/0160/3A1]
ASMAWAR BIN SAMAT Clerk of the State Executive Council, Selangor
