9. Administration and enforcement
The Director General of Labour and such other officers appointed under section 3 of the Employment Act 1955 to carry out the provisions of that Act, shall be charged with the responsibility for the carrying out of the provisions of this Act; and references in this Act to the Director General shall unless the context otherwise requires be construed as references to any one of these officers.
9A. Offence by body corporate, etc.
Where an offence under this Act has been committed by a body corporate, partnership, society or trade union—
(a) in the case of a body corporate, any person who is a director, manager, 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; and
(c) in the case of a society or trade union, every office-bearer of the society or trade union at the time of the commission of the offence,
shall be deemed to have committed the offence and may be charged jointly or severally in the same proceedings as the body corporate, partnership, society or trade union.
Without prejudice to the jurisdiction of the High Court or the Sessions Court, the Court of a First Class Magistrate shall have jurisdiction to try any offence against this Act and to award the full punishment prescribed.
11. Prosecutions and right of audience
(1) Proceedings for offences against this Act or against any order or regulation made thereunder shall not be instituted or conducted except by or on behalf of the Public Prosecutor or by the Director General.
(2) The Director General shall have the right to appear and be heard in any proceedings under this Act, and such right shall include the right to appear and represent a child or young person in any such proceedings.
12. Certificate of medical officer as to age
Where, in any proceeding under this Act, a person is alleged to be a child or young person, the Court may accept a certificate of a Government Medical Officer to the effect that, in his opinion, such person is or is not a child or young person.
13. Contractual capacity
Notwithstanding anything to the contrary contained in the Contracts Act 1950 [Act 136] or the provisions of any other written law, any child or young person shall be competent to enter into a contract of service under this Act otherwise than as an employer, and may sue as plaintiff without his next friend or defend any action without a guardian ad litem:
Provided that no damages and no indemnity under section 13 of the Employment Act 1955, shall be recoverable from a child or young person for a breach of any contract of service.
(1) Any person contravening any of the provisions of this Act or of any regulations or order made thereunder or who being the parent or guardian of a child or young person knowingly acquiesces in any such contravention in respect of such child or young person shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding one year or to a fine not exceeding five thousand ringgit or to both and, in the case of a second or subsequent offence, shall be liable on conviction to imprisonment for a term not exceeding three years or to a fine not exceeding ten thousand ringgit or to both.
(2) On the conviction of any person for an offence under subsection (1) the Director General shall, if the person convicted is the holder of a licence under the * Theatres and Places of Public Amusement Enactment 1936 of the Federated Malay States [F.M.S. 47 of 1936] or under any other corresponding written law in force, inform the licensing authority concerned of the particulars of such conviction and the licensing authority may take such action as it considers appropriate.* NOTE—The Theatres and Places of Public Amusement Enactment 1936 of the Federated Malay States [F.M.S. 47 of 1936] has since been repealed by the Theatres and Places of Public Amusement (Federal Territory) Act 1977 [Act 182]. The Theatres and Places of Public Amusement (Federal Territory) Act 1977 has since been repealed by the Entertainment (Federal Territory of Kuala Lumpur) Act 1992 [Act 493] which came into force on 1 October 1993.
(1) The Minister may make regulations for carrying out any of the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing, the Minister may make regulations to prescribe—
(a) the form of licence to be issued under section 7 and the conditions and restrictions to be attached to such licence;
(b) the times which children and young persons employed shall be entitled to take off from work for meals or as rest periods; and
(c) the procedure to be followed by any Board appointed under subsection 8(2) of this Act.
(3) The regulations contained in the Third Schedule shall have effect unless and until replaced or amended by regulations made under this section, and shall be deemed to be regulations made under this section.
16. Application of certain provisions of the Employment Act 1955 and regulations made thereunder
The provisions of the Employment Act 1955 and of any regulations made thereunder, shall apply to the employment of any child or young person under this Act, as if those provisions were enacted in and form part of this Act; and references in those provisions to “contract of service” and “employer” shall be construed accordingly.
Nothing in this Act shall be construed as relieving any person who has entered into a contract of service, either as an employer or employee, of any rights, duties or liabilities conferred or imposed upon him by the provisions of any other written law for the time being in force in the States of * Peninsular Malaysia or to limit any power which may be exercised by any public officer pursuant to any such provisions.* NOTE—All references to “West Malaysia” shall be construed as reference to “Peninsular Malaysia” – see the Interpretation (Amendment) Act 1997 [Act A996].