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LAWS OF MALAYSIA
REPRINT
Act 4
EMPLOYEES' SOCIAL
SECURITY ACT 1969
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 MALAYAN LAW JOURNAL SDN BHD AND
PERCETAKAN NASIONAL MALAYSIA BHD
2006
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2
EMPLOYEES' SOCIAL SECURITY ACT 1969
Date of Royal Assent
...
...
...
...
2 April 1969
Date of publication in the Gazette ... ... 10 April 1969
English text to be authoritative... ...
...
P.U.(B)80/1969
PREVIOUS REPRINTS
First Reprint ...
...
...
...
...
1992
Second Reprint
...
...
...
...
1999
PREPARED FOR PUBLICATION BY
MALAYAN LAW JOURNAL SDN BHD
AND PRINTED BY
PERCETAKAN NASIONAL MALAYSIA BERHAD
KUALA LUMPUR BRANCH
2006
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Employees' Social Security
3
LAWS OF MALAYSIA
Act 4
EMPLOYEES' SOCIAL SECURITY ACT 1969
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1.
Short title, extent, commencement and application
2.
Definitions
PART II
INSURABILITY AND CONTRIBUTIONS
3.
Applicability
4.
Registration of industries
5.
All employees to be insured
6.
Contributions
7.
Principal employer to pay contributions in the first instance
8.
Recovery of contribution from immediate employer
9.
General provisions as to payment of contributions
9A.
Contributions where industry or employee is not insured or registered
9B.
Validation of contribution collected
10.
Method of payment of contribution
11.
Employers to furnish returns and maintain registers in certain cases
12.
Inspectors, their functions and duties
12A.
Powers of examination and search
12B.
Obstruction to exercise of powers by an Inspector
12C.
Power to examine persons
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ACT 4
Section
13.
Determination of contributions in certain cases
13A.
Power of Director General to ask for information and application for
search warrant
14.
Recovery of contributions
14A.
Interest on contribution in arrears
PART III
BENEFITS
15.
Benefits
16.
When person considered as suffering from invalidity
17.
When insured person eligible for invalidity pension
17A.
Qualifying conditions for survivors' pension
18.
(Deleted)
19.
Payment of invalidity pension
20.
Invalidity pension
20A.
Survivors' pension
20B.
(Deleted)
21.
Invalidity grant
22.
Disablement benefit
23.
Presumption as to accident arising in the course of employment
24.
Accidents while travelling
25.
Accidents happening while meeting emergency
26.
Dependants' benefit
27.
(Deleted)
28.
Occupational diseases
29.
Funeral benefit
30.
Constant-attendance allowance
31.
Liability of employer and his servant
32.
Determination of question of invalidity or disablement
32A.
Determination of occupational diseases
33.
References to medical boards and appeals to appellate medical board
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Employees' Social Security
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Section
33A.
Insured person dies before medical board examination
34.
Review of decisions by medical board or appellate medical board
35.
Review of invalidity pension
36.
Review of dependants' benefit
37.
Medical benefit
38.
Scale of medical benefit
39.
Establishment and maintenance of hospitals, etc.
40.
Organization's power to co-operate with existing institutions or promote
measures for health, welfare, etc., of insured persons
41.
Benefit not assignable or attachable
42.
(Deleted)
43.
Persons not to commute cash benefits
44.
Persons not entitled to receive benefits in certain cases
45.
Claimant of disablement benefit or invalidity pension to observe
conditions
46.
Recipients of disablement benefit to observe conditions
47.
(Deleted)
48.
Organization's right where a principal employer fails or neglects to pay
any contribution
49.
Suspension of invalidity pension
50.
Repayment of benefit improperly received
51.
Payment of amount of benefit outstanding at the time of the death of the
insured person
52.
Employer not to reduce wages, etc.
53.
Employer not to dismiss or punish employee during period of temporary
disablement
54.
Claim for benefits
55.
Reporting of change in condition, etc.
56.
Discretion to compute the qualifying period and the rate of monthly
invalidity pension
57.
Facilities for physical or vocational rehabilitation
57A.
Education benefit
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Section
57B.
Organization to be responsible for the recovery and collection of
repayments of educational loans
57C.
Appointment of collection agents
PART IV
ADMINISTRATION, FINANCE AND AUDIT
58.
Administration of the Social Security Scheme
59.
Chief Executive Officer
59A.
The Social Security Organization
59B.
Establishment of the Board
59C.
Minister shall appoint any person to act as Chairman
59D.
Sixth Schedule to apply to Board
59E.
Cessation of membership of Board
59F.
Disqualification
59G.
Application of the Public Authorities Protection Act 1948
59H.
Public servants and public officers
59I.
Board to give effect to Minister's directions
59J.
Delegation of power
59K.
Administrative control of officers and servants by Director General
59L.
Appointment of officers and servants
59M.
Setting up divisions, regional offices, etc.
59N.
Power to dispose of staff questions
59O.
Power to make staff rules
59P.
Committees
59Q.
Disciplinary Committee
59R.
Discipline of officers
59S.
Establishment of Disciplinary Appeal Board
59T.
Power to make disciplinary rules
59U.
Imposition of surcharge
59V.
Establishment of Promotion Board
59W.
Establishment of Promotion Appeal Board
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Section
60.
(Deleted)
61.
(Deleted)
62.
(Deleted)
63.
(Deleted)
64.
Fees and allowances
65.
(Deleted)
66.
(Deleted)
67.
(Deleted)
68.
Social Security Fund
69.
Administration of the Fund
70.
Acceptance of grants, donations, etc.
71.
Purposes for which the Fund may be expended
72.
Expenditure on administration
72A.
Withdrawal from Fund for loans
73.
Administrative expenditure Government's responsibility
74.
Holding of property, etc.
75.
Investment of Funds
75A.
Investment Panel
75B.
(Deleted)
76.
Raising of loans
77.
Budget estimates
78.
Accounts
79.
Audit
80.
Annual report
81.
Annual report and audited accounts
82.
Valuation of assets and liabilities
PART V
ADJUDICATION OF DISPUTE AND CLAIMS
83.
Constitution of Social Security Appellate Board
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Section
84.
Matters to be decided by the Board
85.
Institution of proceedings, etc.
86.
Commencement of proceedings
87.
Powers of Social Security Appellate Board
88.
Appearance by legal practitioners, etc.
89.
Benefit not admissible unless claimed in time
90.
Reference to High Court
91.
Appeal
92.
Stay of payment pending appeal
PART VI
PENALTIES
93.
Punishment for false information
94.
Punishment for failure to pay contributions, etc.
94A.
Court's order in respect of contributions due and payable to the
Organization
94B.
Trial for more than one offence
94C.
Copy of entry to be prima facie evidence
95.
Prosecution
95A.
Compounding of offences
PART VII
MISCELLANEOUS
96.
Insured person not entitled to more than one benefit
96A.
Dependant not entitled to both survivors' pension and dependants' benefit
for the same period
97.
Exemption of industry or class of industries
98.
Exemption of persons or class of persons
99.
Organization to make representation
100.
Exemption of industries belonging to Government or local authority
101.
Exemption from one or more provisions of the Act
102.
Contributions, etc., due to Organization to have priority over other debts
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Section
103.
Exercise of powers and functions of the Organization
103A.
Disposal of documents after more than three years
104.
(Deleted)
105.
Power of the Minister to make regulations
106.
Duty of Board to review benefits
106A.
Rates of benefit
107.
Addition of benefits
108.
Power to remove difficulties
108A.
Joint and several liability of directors
109.
Recovery of contribution, etc.
110.
Powers of Director General
111.
Organization to deal with authorized person
112.
Benefit for two or more successive accidents
FIRST SCHEDULE
SECOND SCHEDULE
THIRD SCHEDULE
FOURTH SCHEDULE
FIFTH SCHEDULE
SIXTH SCHEDULE
SEVENTH SCHEDULE
EIGHTH SCHEDULE
NINTH SCHEDULE
TENTH SCHEDULE
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11
LAWS OF MALAYSIA
Act 4
EMPLOYEES' SOCIAL SECURITY ACT 1969
An Act to provide social security in certain contingencies and to
make provision for certain other matters in relation to it.
[See Appendix]
BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan
Agong with the advice and consent of the Dewan Negara and
Dewan Rakyat in Parliament assembled, and by the authority of
the same, as follows:
PART I
PRELIMINARY
Short title, extent, commencement and application
1.  (1) This Act may be cited as the Employees' Social Security
Act 1969.
(2) This Act shall apply throughout Malaysia.
(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 or for different parts of it.
Definitions
2.  In this Act unless there is anything repugnant in the subject
or context--
(1) (Deleted by Act A675);
(1A) "Board", except in Part V, means the Social Security
Organization Board established under section 59B;
(1B) "child" means a child of the deceased insured person--
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(a)
who is a child under twenty-one years of age and
includes--
(i)
a posthumous child, a dependent stepchild and
an illegitimate child of the insured person; and
(ii)
a child adopted by the insured person under
any written law relating to adoption or under
any custom or usage, on satisfactory proof of
such adoption; and
(b)
who is a child of any age and is mentally retarded or
physically incapacitated and is incapable of supporting
himself.
(2) "contribution" means the sum of money payable to the
Organization by the principal employer in respect of an insured
employee and includes any amount payable by or on behalf of the
employee in accordance with this Act;
(3) "dependant" means any of the following relatives of a
deceased insured person, namely:
(a)
a widow or widower or a child; and
(b)
if there is no widow or widower or child--
(i)
a daughter, if married and a minor, or if widowed
and a minor;
(ii)
an unmarried minor brother or sister or a widowed
minor sister;
(iii)
a widowed daughter-in-law;
(iv)
a minor child of a pre-deceased son;
(v)
a minor child of a pre-deceased daughter where
no father of the child is alive;
(vi)
a parent; or
(vii)
a grandparent if no parent of the insured
person is alive; and
(c)
(Deleted by Act A814),
Provided that the Minister may give such direction as appears
to him to be necessary for the removal of hardship to any other
r e l a t i v e of a deceased insured person including an invalid
widower;
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Employees' Social Security
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(4) "duly appointed" means appointed in accordance with this
Act or with the rules or regulations made;
(5) "employee" means any person who is employed for wages
under a contract of service or apprenticeship with an employer,
w h e t h e r the contract is expressed or implied or is oral or in
writing, on or in connection with the work of an industry to which
this Act applies and--
(i)
who is directly employed by the principal employer on
any work of, or incidental or preliminary to or connected
with the work of, the industry, whether such work is
done by the employee on the premises of the industry
or elsewhere;
(ii)
who is employed by or through an immediate employer
on the premises of the industry or under the supervision
of the principal employer or his agent on work which
is ordinarily part of the work of the industry or which
is preliminary to the work carried on in or incidental
to the purpose of the industry; or
(iii)
whose services are temporarily lent or let on hire to
the principal employer by the person with whom the
person whose services are so lent or let on hire has
entered into a contract of service,
but does not include a person of the descriptions specified in the First
Schedule;
(6) "employment injury" means a personal injury to an employee
caused by accident or an occupational disease arising out of and
in the course of his employment in an industry to which this Act
applies;
(6A) "Fund" means the Social Security Fund established under
section 68;
(7) (Deleted by Act A590);
(7A) (Deleted by Act A675);
(8) "Government" means the Government of Malaysia;
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(9) "immediate employer" in relation to employees employed
b y or through him, means a person who has undertaken the
e x e c u t i o n on the premises where the principal employer is
c a r r y i n g on his trade or business, profession, vocation,
occupation or calling, or under the supervision of the principal
employer or his agent, of the whole or any part of any work which
is ordinarily part of the work of the trade or business, profession,
vocation, occupation or calling, of the principal employer or is
preliminary to the work carried on in, or incidental to the purpose
of, any such trade or business, profession, vocation, occupation or
c a l l i n g , and includes a person by whom the services of an
employee who has entered into a contract of service with him are
temporarily lent or let on hire to the principal employer;
(10) "industry" means any business, trade, undertaking,
manufacture or calling of employers, and includes any calling,
s e r v i c e , employment, handicraft or industrial occupation or
avocation of employees;
(10A) "Inspector" means an Inspector appointed under section
12 and includes the Director General and every Deputy Director
General;
(11) "insured person" means a person who is or was an employee
in respect of whom contributions are, were or could be payable
under this Act, notwithstanding that such industry or employee
was not so registered, so long as the industry was one to which
this Act applies;
(12) "Minister" means the Minister charged with responsibility
for human resources;
(13) "minor" means a person who has not attained twenty-one
years of age;
(14) "month" means a month reckoned according to the Gregorian
calendar;
(15) The expressions "occupier" and "factory" shall have
respectively the meanings assigned to them in the Factories and
Machinery Act 1967 [Act 139];
(16) "Organization" means the Social Security Organization;
(17) "permanent partial disablement" means such disablement
o f a permanent nature, as reduces the earning capacity of an
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Employees' Social Security
15
employee in every employment which he was able to undertake at
the time of the accident resulting in the disablement:
Provided that every injury specified in Part II of the Second
S c h e d u l e shall be deemed to result in permanent partial
disablement;
(18) "permanent total disablement" means such disablement of
a permanent nature, as disables an employee for all work which
he was capable of performing at the time of the accident resulting
in such disablement:
Provided that permanent total disablement shall be deemed to
r e s u l t from every injury specified in Part I of the Second
Schedule or from any combination of injuries specified in Part II
o f it where the aggregate percentage of the loss of earning
capacity, as specified in the said Part II against those injuries,
amounts to one hundred per cent or more;
(19) "principal employer" means the owner of an industry or
the person with whom an employee has entered into a contract of
service or apprenticeship and includes--
(a)
a manager, agent or person responsible for the payment of
salary or wages to an employee;
(b)
the occupier of a factory;
(c)
the legal representative of a deceased owner or occupier;
(d)
any government in Malaysia, department of any such
government, local authority or statutory body and,
where an employee is employed with any such
gover nment, department, authority or body or with
any officer on behalf of any such government,
department, authority or body, the officer under whom
such employee is working:
Provided that no such officer shall be personally
liable under this Act for anything in good faith done or
omitted to be done by him as an officer of such
employer;
(20) "regulation" means a regulation made by the Minister;
(21) (Deleted by Act A450);
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(22) "Schedule" means a Schedule to this Act;
(23) "temporary disablement" means a condition resulting from an
employment injury which requires medical treatment and renders
an employee, as a result of such injury, temporarily incapable of
doing the work which he was doing prior to or at the time of the
injury;
(24) "wages" means all remuneration payable in money by an
employer to an employee including any payment in respect of
leave, holidays, overtime, and extra work on holidays but does
not include--
(a)
any contribution payable by the principal employer or
the immediate employer to any pension fund or
provident fund, or under this Act;
(b)
any travelling allowance or the value of any travelling
concession;
(c)
any sum paid to an employee to defray special expenses
incurred as a result of his employment;
(d)
any gratuity payable on discharge or retirement;
(e)
annual bonus;
(f)
any other remuneration as may be prescribed.
PART II
INSURABILITY AND CONTRIBUTIONS
Applicability
3.  (1) This Act shall apply to all industries having one or more
employees.
(2) In this section, "employees" include any employee employed
by the immediate employer.
Registration of industries
4.  Every industry to which this Act applies shall be registered
with the Organization within such time and in such manner as may
be specified in the regulations.
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All employees to be insured
5.  Subject to this Act, all employees in industries to which this
Act applies shall be insured in the manner provided by this Act.
Contributions
6.  (1) The contribution payable under this Act in respect of an
employee shall comprise contribution payable by the employer
(hereinafter referred to as the employer's contribution) and
cont r ibut ion payable by the employee (hereinafter referred to as
the employee's contribution) and shall be paid to the Organization.
(2) The contributions shall fall into the following two categories,
namely:
(a)
the contributions of the first category, being the
contributions payable by or on behalf of the employees
insured against the contingencies of invalidity and
employment injury; and
(b)
the contributions of the second category, being the
contributions payable by or on behalf of employees
insured only against the contingency of employment
injury.
(3) The contributions of the various categories shall be paid at
the rates specified in the Third Schedule.
(4) The contributions of the first category shall be shared by
the employer and the employee in the ratio specified in Part I of
the Third Schedule.
(5) The contributions of the second category shall be paid
wholly by the employer.
(6) The Minister, in consultation with the Minister of Finance
may, by notification in the Gazette, amend, add to, vary or revise
the rates of contributions specified in the Third Schedule.
(7) A month shall be the unit in respect of which all
contributions shall be payable under this Act.
(8) The contributions payable in respect of each month shall
ordinarily fall due on the last day of the month, and where an
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ACT 4
employee is employed by an employer for part of a month the
contribution in respect of such month shall fall due on the last day
of employment by such employer in that month.
(9) Where two or more contributions are paid in respect of the
same insured person for the same month, they shall be counted as
a single monthly contribution.
(10) In computing the average of assumed wage for the
p u r p o s e of calculating the rate of pension or benefit payable
under this Act, two or more monthly contributions paid in respect
of the same insured person for the same month shall be treated as
a single monthly contribution corresponding to the aggregate of
t h e different assumed monthly wages to which the different
contributions correspond:
Provided that where the aggregate of the different assumed
monthly wages to which the different contributions correspond
e x c e e d the maximum assumed monthly wage, the assumed
monthly wage shall be such maximum monthly wage.
Principal employer to pay contributions in the first instance
7.  (1) The principal employer shall pay in respect of every
employee, whether directly employed by him or through an
immediate employer, both the employer's contribution and the
employee's contribution.
(2) Notwithstanding anything contained in any other written
l a w but subject to this Act and the regulations, if any, the
p r i n c i p a l employer shall, in the case of an employee directly
employed by him, be entitled to recover from the employee the
employee's contribution by deduction from his wages and not
otherwise:
Provided that no such deduction shall be made from any wages
other than such as relate to the period or part of the period in
respect of which the contribution is payable, or in excess of the
sum representing the employee's contribution for the period.
(3) Notwithstanding any contract to the contrary, neither the
principal employer nor the immediate employer shall be entitled
to deduct the employer's contribution from any wages payable to
an employee or otherwise to recover it from him.
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Employees' Social Security
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(4) Any sum deducted by the principal employer from wages
under this Act shall be deemed to have been entrusted to him by
the employee for the purpose of paying the contribution in respect
of which it was deducted.
Recovery of contribution from immediate employer
8.  (1) A principal employer, who has paid contribution in
respect of an employee employed by or through an immediate
employer, shall be entitled to recover the amount of the contribution
so paid (that is to say the employer's contribution as well as the
employee's contribution, if any) from the immediate employer,
either by deduction from any amount payable to him by the
principal employer under any contract, or as a debt payable by the
immediate employer.
(2) In the case referred to in subsection (1), the immediate
employer shall be entitled to recover the employee's contribution
from the employee employed by or through him by deduction
from wages and not otherwise, subject to the conditions specified
in the proviso of subsection 7(2).
General provisions as to payment of contributions
9.  (1) Contribution (both the employer's contribution and the
employee's contribution) shall be payable by the principal employer
for each month in respect of the whole or part of which wages are
payable to the employee and not otherwise.
(2) (Deleted by Act A675).
Contributions where industry or employee is not insured or
registered
9A. Contributions shall be payable in respect of employees from
the month they enter into employment and such contributions are
payable even though the industry to which this Act applies or the
employees or both have not been insured or registered with the
Organization:
Provided that an employer who has paid arrears of
contributions in respect of an employee will only be entitled to
recover from the wages payable notwithstanding the proviso to
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ACT 4
subsection 7(2) the employee's share of the contributions due
within the last preceding six months prior to the date of payment.
Validation of contribution collected
9B. Any contribution collected by the Organization for an
employee who was not registered for purposes of insurance under
this Act for any period prior to 1 July 1987 is hereby validated and
declared to have been lawfully collected.
Method of payment of contribution
10. Subject to this Act, the Minister may make regulations for
any matter relating or incidental to the payment and collection of
contributions payable under this Act and without prejudice to the
generality of the foregoing power such regulations may provide
for--
(a)
the manner and time of payment of contributions;
(b)
the payment of contributions either in cash or cheque
or any other mode of payment;
(c)
the date by which evidence of contributions having
been paid is to be received by the Organization;
(d)
the entry in an approved manner in or upon books or
forms of particulars of contributions paid and benefits
distributed in case of the insured persons to whom
such books or forms relate; and
(e)
the issue, sale, custody, production, inspection and
delivery of materials, books or forms or the replacement
of materials, books or forms which have been lost,
destroyed or defaced.
Employers to furnish returns and maintain registers in certain
cases
11. (1) Every principal and immediate employer shall submit to
the Organization or to such officer of the Organization as it may
direct such returns in such form and containing such particulars
relating to persons employed by him or to any industry in respect
of which he is the principal or immediate employer as may be
specified in the regulations made in this behalf.
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Employees' Social Security
21
(2) Where, in respect of any industry, the Organization has
reason to believe that a return should have been submitted under
subsection (1) but has not been so submitted, the Organization
may require any person in charge of the industry to furnish such
p a r t i c u l a r s as it may consider necessary for the purpose of
enabling the Organization to decide whether the industry is an
industry to which this Act applies.
(3) Every principal and immediate employer shall maintain
such registers or records in respect of his industry as may be
required by regulations made in this behalf.
Inspectors, their functions and duties
12. (1) The Minister may appoint such persons as Inspectors, as
he thinks fit, for the purposes of this Act.
(2) Subject to subsection (3), an Inspector appointed under
subsection (1) shall have all the powers, functions and duties
conferred under this Act.
(3) An Inspector shall be subject to the direction and control
of the Director General or of such other officer or servant of the
Organization as may be authorized by the Director General to act
on behalf of the Director General, and of any other Inspector
superior to the Inspector in rank, and shall exercise his powers,
perform his functions and discharge his duties under this Act in
c o m p l i a n c e with such directions, instructions, conditions,
restrictions or limitations as the Director General, or an officer or
servant of the Organization authorized to act on behalf of the
Director General or any other Inspector superior to the Inspector
in rank, may specify orally or in writing, either generally, or in
any particular case or circumstances.
(4) The Director General and Deputy Directors General shall
have all the powers of an Inspector.
Powers of examination and search
12A. Subject to any regulations made under section 105, an
Inspector may at any reasonable time--
(a)
make such examination and inquiry as may be necessary
for ascertaining whether this Act or the regulations or
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ACT 4
rules made thereunder are being or have been
complied with;
(b)
at any reasonable time enter any premises or place
occupied by any principal employer or immediate
employer for the purpose of such examination and
inquiry;
(c)
examine the principal employer or immediate employer
or his agent or servant or any person found in such
premises or place or any person whom the Inspector
has reasonable cause to believe to be or have been an
employee;
(d)
make copies of or take extracts from any register,
books or other documents maintained in such premises
or place; and
(e)
exercise such other powers as may be necessary for
carrying this Act into effect.
Obstruction to exercise of powers by an Inspector
12B. (1) No person shall--
(a)
refuse any Inspector exercising his power under
section 12A access to any premises or place or any part
thereof;
(b)
assult, obstruct, hinder or delay such Inspector in
effecting any entrance which he is entitled to effect;
(c)
fail to comply with any lawful demands of an Inspector
execution of his powers under section 12A;
(d)
refuse to give to an Inspector any information which
may reasonably be required of such person;
(e)
fail to produce to, or conceal or attempt to conceal
from, an Inspector, any property, book or other document
including electronic records in relation to which the
Inspector has reasonable grounds for suspecting that an
offence has been or is being committed under this Act;
or
(f)
furnish as true to an Inspector, information which he
knows or has reason to believe to be false.
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23
(2) Any person who contravenes subsection (1) shall be guilty
of an offence.
Power to examine persons
12C. (1) An Inspector making any examination or inquiry under
section 12A may examine orally any person whom he believes to
be acquainted with the facts and circumstances of the case and for
such purpose summon any such person to attend at the time and
place specified in such summons.
(2) The person examined under subsection (1) shall be legally
bound to answer all questions relating to such case put to him by
the examining Inspector, but such person may refuse to answer
a n y question the answer to which would have a tendency to
expose him to a criminal charge or penalty or forfeiture.
(3) A person making a statement under this section shall be
legally bound to state the truth, whether or not such statement is
made wholly or partly in answer to question.
(4) An Inspector examine a person under subsection (1) shall
first inform that person of subsections (2) and (3).
(5) A statement made by any person under this section shall,
whenever possible, be taken down in writing and signed by the
person making it or affixed with his thumb-print, after it has been
read to him in the language in which he made it and after he has
been given an opportunity to make any corrections he may wish.
Determination of contributions in certain cases
13. (1) An Inspector may assess any contributions which are due
from any principal or immediate employer based on any information
available, if the employer--
(a)
fails to keep or maintain any statement, particulars,
register book or any record pertaining to each employee
as required to be kept or maintained by him under this
Act; or
(b)
fails or refuses to submit any statement, particulars,
register book or record pertaining to each employee as
required under this Act.
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(2) The assessment made under subsection (1) shall be sufficient
p r o o f of the Organization's claim for the recovery of any
contributions under section 84 or for the recovery of the amount
determined by such assessment as a debt due to the Organization
under section 14.
(3) Any assessment made under this section shall be served
either personally or by registered post.
Power of Director General to ask for information and application
for search warrant
13A. (1) For the purpose of obtaining full information  for
ascert aini ng whether any person is liable to pay contributions
under this Act, the Director General or any Inspector appointed by
the Director General for the purpose may by notice in writing
require any person--
(a)
to furnish to the Director General or such Inspector
within the time specified in the notice any information
or particulars as specified in the notice; or
(b)
to attend personally before the Director General or
such Inspector and to produce for examination all
books, records and other documents including electronic
records which the Director General or such Inspector
deems necessary; or
(c)
to furnish the information or particulars in accordance
with paragraph (a) and also to attend in accordance
with paragraph (b).
(2) Any person who fails to comply with subsection (1) shall
be guilty of an offence.
(3) Whenever it appears to any Magistrate, upon written
i n f o r m a t i o n on oath, and after any enquiry he may think
necessary, that there are reasonable grounds for suspecting that
there are on any particular premises any book, account, record
(including electronic record) or other document, the production
of which has been required pursuant to subsection (1) and which
has not been produced in compliance with that requirement, such
Magistrate may issue a warrant authorizing the Director General
or any person named therein with or without assistance--
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Employees' Social Security
25
(a)
to search the premises and to break open and search
any cupboard, drawer, chest, trunk, box, package or
other receptacle, whether a fixture or not, in the
premises; and
(b)
to take possession of, or secure against interference,
any book, account, record (including electronic record) or
other document that appears to be a book, account,
record or other document the production of which was
so required.
Recovery of contributions
14. Any contribution or interest payable under this Act may be
recovered as a debt due to the Organization.
Interest on contribution in arrears
14A. Where the amount of the monthly contributions or part of
any monthly contributions which are payable by any employer
under section 6 is not paid within such period as may be prescribed by
the regulations, the employer shall be liable to pay interest to be
credited to the Organization on such amount at such rate as may
be prescribed by the regulations in respect of any period during
which such amount remains unpaid.
PART III
BENEFITS
Benefits
15. Subject to this Act, the insured persons, their dependants or
the persons hereinafter mentioned, as the case may be, shall be
entitled to the following benefits, namely:
(a)
periodical payments to an insured person in case of
invalidity certified by a duly appointed medical board
or by an authority specified in this behalf by the
regulations (hereinafter referred to as invalidity pension);
(b)
periodical payments to an insured person suffering
from disablement as a result of an employment injury
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sustained as an employee under this Act and certified
to be eligible to such payments by an authority specified
in this behalf by the regulations (hereinafter referred
to as disablement benefit);
(c)
periodical payments to such dependants of an insured
person who dies as a result of an employment injury
sustained as an employee under this Act (hereinafter
referred to as dependants' benefit);
(d)
payments for funeral benefit or expenses, as the case
may be, to the person mentioned in section 29 on the
death of an insured person as a result of an
employment injury sustained as an employee under
this Act or while he was in receipt of disablement
benefit under this Act, or of an insured person suffering
from invalidity while in receipt of invalidity pension
under this Act, or of an insured person who has not
attained 55 years of age but has completed a full or
reduced qualifying period mentioned in subsections
29(3) and (4) (hereinafter referred to as funeral
benefit);
(e)
periodical payments to an insured person who is in
receipt of invalidity pension or disablement benefit if
and so long as he is so severely incapacitated or
disabled as to constantly require the personal attendance
of another person (hereinafter referred to as constant-
attendance allowance):
Provided that the existence of the degree of incapacity
qualifying an invalid or disabled insured person for
constant-attendance allowance shall be verified by a
duly appointed medical board or the appellate medical
board or any other authority specified in this behalf by
the regulations, in such manner as is prescribed by the
regulations;
(f)
medical treatment for and attendance on insured persons
suffering from disablement as a result of an employment
injury sustained as an employee under this Act
(hereinafter referred to as medical benefit);
(g)
periodical payments to dependants of an insured person
who dies while in receipt of invalidity pension, or of
an insured person who has not attained 55 years of age
but has completed a full or reduced qualifying period
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for survivors' pension mentioned in subsections 17A(2)
and (3) (hereinafter referred to as survivors' pension).
When person considered as suffering from invalidity
16. (1) An insured person shall be considered as suffering from
invalidity, if, by reason of a specific morbid condition of permanent
nature, he is incapable of engaging in any substantially gainful
activity.
(2) For the purposes of subsection (1)--
(a)
a morbid condition shall be deemed to be of permanent
nature if it is either incurable or is not likely to be
cured;
(b)
a person shall be deemed to be incapable of engaging
in substantially gainful activity, if in consequence of
the specific morbid condition of sickness or infirmity,
he is no longer capable of earning, by work corresponding
to his strength and physical ability which, in view of his
training and former occupation, might reasonably be
assigned to him at the place of his employment or at a
similar place in the neighbourhood or in the same
district, one-third of the customary earnings of a
mentally and physically sound person with similar
qualifications and training;
(c)
in determining whether the claimant is suffering from
invalidity, account shall be taken of any permanent
improvement in the state of his invalidity which results or
is expected to result from such measures of physical or
vocational rehabilitation as may be offered to him free
of charge by the Organization.
When insured person eligible for invalidity pension
17. (1) Subject to this Act, an insured person suffering from
invalidity as defined in section 16 shall, unless he has completed
his fifty-fifth year of age, be entitled to receive invalidity pension
if he has completed a full or a reduced qualifying period.
(2) A person shall be deemed to have completed full qualifying
period under subsection (1) if--
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(i)
monthly contributions have been paid in respect of
him for not less than twenty-four months during the
period of forty consecutive months immediately
preceding the month in which he has submitted a notice
of invalidity in accordance with the regulations; or
(ii)
monthly contributions have been paid in respect of
him for not less than two-thirds of the number of
complete months comprised in the period falling between
the date when contributions first become payable by
him under this Act and the month immediately
preceding the month in which he has submitted a
notice of invalidity in accordance with the regulations,
provided that the total number of monthly contributions
paid during the aforesaid period shall be at least
twenty-four.
(3) A person shall be deemed to have completed a reduced
qualifying period under subsection (1) if monthly contributions
have been paid in respect of him for not less than one-third of the
n u m b e r of complete months comprised in the period falling
between the date when contributions first become payable by him
under this Act and the month immediately preceding the month in
which he has submitted a notice of invalidity in accordance with
t h e regulations, provided that the total number of monthly
contributions paid during the aforesaid period shall be at least
twenty-four.
(3A) If the insured person fails to complete a qualifying period
under subsection (2) or (3) and the Organization is satisfied that
such failure is not due to any fault of the insured person or is due
t o the ignorance of the insured person, the Organization may
c o n s i d e r the qualifying period to have been completed by an
insured person if a medical board, established pursuant to section
32, to which the matter is referred by the Organization determines
that the insured person's invalidity has commenced earlier than
the date the notice of invalidity is received by the Organization in
accordance with the regulations.
(3B) Where the Organization has considered the qualifying
p e r i o d to have been completed by an insured person under
subsection (3A), the date on which the insured person submits his
notice of invalidity shall be deemed to be the date of
commencement of his invalidity.
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29
(3C) Notwithstanding subsections (2) and (3), the Organization
h a s the discretion to allow periods of credit to be taken into
consideration for the purpose of determining the completion of
the qualifying period of an insured person, and the months in the
p e r i o d of credit for which contribution is payable shall be
i n c l u d e d for the purpose of calculating the total number of
months for the purpose of those subsections.
(3D) The term "period of credit" in subsection (3C) means the
p e r i o d during which the insured person receives temporary
disablement benefit and the employer does not pay any wages to
the insured person.
(4) If after an insured person's notice of invalidity has been
rejected on account of his failure to have completed one or other
of the qualifying periods, a fresh notice of invalidity is received
f r o m him, the date of the fresh notice of invalidity shall be
treated, for the purposes of subsections (2) and (3) as the date on
which he has submitted a notice of invalidity.
(5) (Deleted by Act A450).
Qualifying conditions for survivors' pension
17A. (1) Subject to this Act, survivors' pension shall be payable
on completion of a full or reduced qualifying period.
(2) The deceased insured person shall be deemed to have
completed a full qualifying period under subsection (1) if--
(a)
monthly contributions have been paid in respect of
him for not less than twenty-four months during the
period of forty consecutive months preceding the
month of his death; or
(b)
monthly contributions have been paid in respect of
him for not less than two-thirds of the number of
complete months comprised in the period falling between
the date when contributions first become payable by him
under this Act and the date of his death, provided that
the total number of monthly contributions paid during
the aforesaid period shall be at least twenty-four.
(3) A deceased insured person shall be deemed to have completed
a reduced qualifying period under subsection (1) if monthly
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contributions have been paid in respect of him for not less than
one-third of the number of complete months comprised in the
period falling between the date when contributions first become
payable by him under this Act and the date of his death, provided
that the total number of monthly contributions paid during the
aforesaid period shall be at least twenty-four.
18. (Deleted by Act A814).
Payment of invalidity pension
19. (1) Invalidity pension shall accrue from the day in which the
insured person gives notice of invalidity in accordance with the
regulations and shall cease on the day following the day in which
invalidity ceases or the day the pensioner dies.
(2) For the purpose of this section, the daily rate of invalidity
pension shall be the amount of the monthly rate of invalidity
pensi on paid or payable to the insured person, divided by the
number of days in the month in which the pension accrues or the
invalidity ceases or the pensioner dies.
Invalidity pension
20. (1) Subject to section 19, the rate of pension shall be as
follows:
(a)
for an insured person who has completed the full
qualifying period under subsection 17(2), a basic
monthly pension equal to fifty per cent of his average
monthly wage, increased by 1 per cent of the average
monthly wage for every twelve months' contributions
paid in excess of the first twenty-four months, in
respect of him during the period falling between the
date when contributions first become payable by him
under this Act and the date on which he submits a
notice of invalidity in accordance with the regulations:
Provided that the rate of monthly pension, as so
increased, shall not in any case exceed 65 per cent of
the average monthly wage;
(b)
for an insured person who has completed the reduced
qualifying period under subsection 17(3), a basic
monthly pension equal to fifty per cent of his average
monthly wage.
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(2) (a) The term "average monthly wage", wherever it occurs
in this section, refers to the average of assumed monthly wage
corresponding to the last twenty-four monthly contributions in
respect of the insured person which have been paid immediately
before the month in which he submits a notice of invalidity in
accordance with the regulations:
Provided that a minimum average monthly wage shall be three
hundred and forty-two ringgit and eighty-six sen subject to such
amount as may be prescribed by the Minister from time to time by
regulations.
(b)
Assumed monthly wage to which a monthly contribution
corresponds shall be deemed to be as indicated in the
Fourth Schedule.
(c)
(Deleted by Act A450).
Survivors' pension
20A. (1) If an insured person who is in receipt of invalidity
pension, or if an insured person who has not attained 55 years of
age but has completed a full or reduced qualifying period as
specified under section 17A, dies, survivors' pension at the rates
specified in the Eighth Schedule shall be payable--
(a)
to the widow or the widower during life, and if there
are two or more widows, the widow's share of
survivors' pension specified in the Eighth Schedule
shall be divided equally between the widows:
Provided that if a widow or widower is entitled to
more than one survivors' pension, she or he shall be
pa id only one pension, being the pension with the
higher rate.
(b)
to each child until marriage or until he attains the age
of twenty-one years, whichever occurs earlier:
Provided that in the case of a child referred to in
paragraph (b) of the definition of "child" in section 2,
survivors' pension shall continue to be paid so long as
he is incapable of supporting himself:
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And provided further that the Organization may
continue such pension to a child who is in receipt of
education in any institution of higher learning but not
beyond the first degree until he completes or ceases to
receive such education or until he marries, whichever
occurs earlier.
(c)
(Deleted by Act A675).
(2) If an insured person who is in receipt of invalidity pension,
or if an insured person who has not attained 55 years of age but
has completed a full or reduced qualifying period as specified
under section 17A, dies and does not leave a widow, or a widower
who is wholly or mainly dependent on the earnings of the insured
person at the time of her death, or a child, survivors' pension
shall be payable to the widowed mother and other dependants as
specified in paragraph (b) of the definition of "dependant" in
section 2, at the rates and for the duration specified in the Eighth
Schedule.
(3) The survivors' pension shall accrue from the date of the
death of the insured person who is in receipt of invalidity pension
or the insured person who has not attained 55 years of age but has
completed a full or reduced qualifying period as specified under
section 17A:
Provided that where disablement benefit was payable to the
deceased insured person on the date of death, the accrual date of
survivors' pension shall be the date following the date of death.
20B. (Deleted by Act A1232).
Invalidity grant
21. (1) A person who is certified to be invalid shall, if he fails
to complete any of the qualifying conditions specified in section
17, be entitled to an invalidity grant equivalent to the contributions
paid in respect of him together with interest thereon at the rate
specified in the regulations.
(2) The claimant shall not be entitled to an invalidity grant
unless he has paid twelve monthly contributions in the aggregate
since contributions first become payable by him under this Act.
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33
(3) Invalidity grant under this section shall ordinarily be payable
only when the person has completed his fifty-fifth year of age or
dies before attaining that age.
(4) Notwithstanding subsection (3), invalidity grant under this
Act may, at the option of the person concerned, be made at the
time when invalidity is verified to exist:
Provided that the contributions so refunded shall be ignored in
determining at any time in future his title to or right to pension.
Disablement benefit
22. Subject to this Act and the regulations, if any--
(a)
a person who sustains temporary disablement shall be
entitled to periodical payment for the period of such
disablement in accordance with the provisions of the
Fourth Schedule:
Provided that no temporary disablement benefit
shall be payable unless the temporary disablement
lasts for a period of at least four days including the day
of the accident:
Provided further that for the purposes of this section
and whether or not the person who sustains the
employment injury is paid wages on the day of the
empl oyment injury, the commencement of the calculation
of the period of four days shall begin from the day of
sustaining the employment injury;
(b)
a person who sustains permanent disablement, whether
total or partial, shall be entitled to periodical payment
for such disablement in accordance with the provisions of
the Fourth Schedule:
Provided that where permanent disablement, whether
total or partial, has been assessed provisionally for a
limited period or finally, the benefit provided under this
paragraph shall be payable for that limited period or,
as the case may be, for life.
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Presumption as to accident arising in the course of employment
23. For the purposes of this Act, an accident arising in the course
of an insured person's employment shall be presumed, in the
absence of evidence to the contrary, also to have arisen out of that
employment.
Accidents while travelling
24. (1) An accident happening to an insured person shall be
deemed to arise out of and in the course of his employment if the
accident happens while the insured person--
(a)
is travelling on a route between his place of residence
or stay and his place of work;
(b)
is travelling on a journey made for any reason which
is directly connected to his employment; or
(c)
is travelling on a journey between his place of work
and the place where he takes his meal during any
authorized recess.
(2) If the accident under subsection (1) occurs during any
interruption of, or deviation from, the insured person's journey
made for any of the purposes stipulated in the same subsection,
the accident shall not be deemed to arise out of and in the course
of his employment.
Accidents happening while meeting emergency
25. An accident happening to an insured person in or about any
premises at which he is for the time being employed for the
purpose of his employer's trade or business, profession, vocation,
occupation or calling, shall be deemed to arise out of and in the
course of his employment, if it happens while he is taking steps,
on an actual or supposed emergency at those premises, to rescue,
succour or protect persons who are, or are thought to be or
possibly to be, injured or imperilled, or to avert or minimize damage
to property.
Dependants' benefit
26. (1) If an insured person dies as a result of an employment
injury sustained as an employee under this Act (whether or not he
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35
was in receipt of any periodical payment for temporary disablement in
respect of the injury) dependants' benefit at the rates specified in
the Fourth Schedule shall be payable to his dependants as follows:
(a)
to the widow or widower during life, and, if there are
two or more widows, the widow's share of dependants'
benefit specified in the Fourth Schedule shall be
divided equally between the widows:
Provided that if a widow or a widower is entitled to
more than one dependants' benefits, she or he shall be
p a i d only one benefit, being the benefit with the
higher rate.
(b)
to each child until marriage or until he attains the age
of twenty-one years, whichever occurs earlier:
Provided that in the case of a child referred to in
paragraph (b) of the definition of "child" in section 2,
dependants' benefit shall continue to be paid so long
as he is incapable of supporting himself:
And provided further that the Organization may
continue such benefit to any child who is in receipt of
education in any institution of higher learning but not
beyond the first degree until he completes or ceases to
receive such education or until he marries, whichever
occurs earlier.
(c)
(Deleted by Act A675).
(2) If an insured person who dies as a result of an employment
injury does not leave a widow or child, dependants' benefit shall
b e payable to the widowed mother and other dependants as
specified in paragraph (b) of the definition of "dependant" in
section 2 at the rates and for the duration specified in the Fourth
Schedule.
27. (Deleted by Act A1232).
Occupational diseases
28. (1) If an employee who is employed in any occupation
described in the Fifth Schedule contracts any disease or injury
shown in the said Schedule to be related to that occupation, or if
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an employee who has been employed in such occupation contracts
such a disease or injury within sixty months after ceasing to be so
employed, the contracting of the disease or injury shall, unless the
contrary is proved, be deemed to be an employment injury arising
out of and in the course of employment:
Provided that the period of sixty months may, at the discretion
o f the Organization, be further extended upon production of
medical and other relevant evidence in support of it.
(2) Where an employee enters into a contract of service or
a p p r e n t i c e s h i p with any principal employer or immediate
e m p l o y e r to work in any occupation specified in the Fifth
Schedule or is, with his consent, transferred by his principal or
immediate employer to such an occupation, he shall, if requested
to do so by the employer or the Organization, submit himself for
examination by a duly appointed medical practitioner; but such an
employee shall not be required to submit himself for examination
b y a duly appointed medical practitioner otherwise than in
accordance with regulations made under this Act nor at shorter
intervals than may be prescribed in it.
(3) The Minister may, by notification in the Gazette, amend,
s u b s t i t u t e , add or delete any disease specified in the Fifth
Schedule and any occupation described of it.
(4) Save as provided by subsections (1) and (3), no benefit
shall be payable to an employee in respect of any disease unless
the disease is directly attributable to a specific injury arising out
of and in the course of his employment.
(5) Section 23 shall not apply to the cases to which this
section applies.
Funeral benefit
29. (1) If an insured person dies as a result of an employment
injury or while he is in receipt of disablement benefit under this
Act, or if an insured person suffering from invalidity dies while in
receipt of invalidity pension, or if an insured person who has not
attained 55 years of age but has completed a full or reduced
qualifying period as specified in subsection (3) or (4), dies, a
funeral benefit of an amount as prescribed by the Minister from
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time to time by regulations shall be paid to one or more of the
following persons:
(a)
the widow (if there are two or more widows, the
widows share equally the funeral benefit);
(b)
the widower;
(c)
the eldest surviving son or adopted son;
(d)
the eldest surviving daughter or adopted daughter;
(e)
the parent (if there are both parents, the parents share
equally the funeral benefit).
(2) Where there are no such persons as mentioned in
p a r a g r a p h (1) (a) , (b) , (c) , (d) or (e) , any other person who
actually incurs the expenditure of the funeral shall be paid the
expenses of the funeral of the deceased insured person or the
a m o u n t as prescribed by the Minister under subsection (1),
whichever is the lesser:
Provided that the claim for such benefit shall be made within
three months of the death of the insured person or within such
extended period as the Organization or any officer or authority
authorized by it in this behalf may allow:
Provided further that, notwithstanding the above conditions,
any disagreement over the question of to whom the payment of
f u n e r a l benefit should be made, the decision of the Director
General or that of an officer authorized by him shall be final.
(3) An insured person who has not attained 55 years of age
shall be deemed to have completed the full qualifying period
under subsection (1) if--
(a)
monthly contributions have been paid in respect of
him for not less than twenty-four months during the
period of forty consecutive months preceding the
month in which the insured person dies; or
(b)
monthly contributions have been paid in respect of
him for not less than two-thirds of the number of
complete months comprised in the period falling
between the date when contributions first become
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payable by him under this Act and the date of his
death, provided that the total number of monthly
contributions paid during the said period shall be at
least twenty-four.
(4) An insured person who has not attained 55 years of age
shall be deemed to have completed a reduced qualifying period
under subsection (1) if monthly contributions have been paid in
r e s p e c t of him for not less than one-third of the number of
complete months comprised in the period falling between the date
when contributions first become payable by him under this Act
a n d the date of his death, provided that the total number of
monthly contributions paid during the said period shall be at least
twenty-four.
Constant-attendance allowance
30. An insured person who is entitled to invalidity pension or
permanent total disablement benefit shall also be entitled to
constant-attendance allowance equivalent to forty per cent of the
rate of such pension or benefit subject to such maximum as may
be prescribed by the Minister from time to time by regulations, if
and so long as he is so severely incapacitated as to constantly
require the personal attendance of another person:
P r o v i d e d that the existence of the degree of incapacity
qualifying an insured person for constant-attendance allowance
shall be verified by a medical board or Special Medical Board or
the appellate medical board or any other authority so authorized
b y the Minister, in such manner as is prescribed by the
regulations.
Liability of employer and his servant
31. An insured person or his dependants shall not be entitled to
receive or recover from the employer of the insured person, or
from any other person who is the servant of the employer, any
compensation or damages under any other law for the time being
in force in respect of an employment injury sustained as an
employee under this Act:
Provided that the prohibition in this section shall not apply to
a n y claim arising from motor vehicle accidents where the
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39
employer or the servant of the employer is required to be insured
against Third Party Risks under Part IV of the Road Transport
Act 1987 [Act 333].
Determination of question of invalidity or disablement
32. Any question--
(a)
whether the relevant accident or disease has resulted
in the invalidity;
(b)
whether the relevant employment injury has resulted
in permanent disablement;
(c)
whether the extent of loss of earning capacity can be
assessed provisionally or finally for the purpose of
disablement benefit;
(d)
whether the assessment of the proportion of the loss of
earning capacity is provisional or final for the purpose
of disablement benefit; or
(e)
in the case of provisional assessment for the purpose
of disablement benefit as to the period for which such
an assessment shall hold good,
shall be determined by a medical board constituted in accordance
with the regulations, if any, and such question shall hereinafter be
referred to as the "invalidity question" or "disablement question",
as the case may be.
Determination of occupational diseases
32A. (1) Any question whether an employment injury is caused
by an occupational disease as specified in the Fifth Schedule may
be determined by a medical board to be known as the Special
Medical Board to be constituted in accordance with the regulations.
(2) The Special Medical Board shall examine the disable
person and send a report in such form as may be specified by the
Organization stating--
(a)
whether the disabled person is suffering from one or
more of the diseases specified in that Schedule;
(b)
whether the relevant disease has resulted in permanent
disablement;
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(c)
whether the extent of loss of earning capacity can be
assessed provisionally or finally;
(d)
the assessment of the proportion of loss of earning
capacity, and in the case of provisional assessment,
the period for which such assessment shall hold good.
(3) The Organization may refer any assessment which is
provisional to the Special Medical Board for review not later than
t h e end of the period taken into account by the provisional
assessment.
(4) Any decision of the Special Medical Board may be
reviewed by it at any time.
(5) The disable person shall be informed in writing by the
Organization of the decision of the Special Medical Board and the
benefit, if any, to which the insured person shall be entitled.
References to medical boards and appeals to appellate medical
board
33. (1) The case of any insured person for invalidity pension or
for permanent disablement benefit shall be referred by the
Organization to a medical board for determination of the
invalidity question or the disablement question, and if, on that or
any subsequent reference, the extent of loss of earning capacity of
the insured person is provisionally assessed, it shall again be so
referred to the medical board not later than the end of the period
taken into account by the provisional assessment.
(2) If the insured person or the Organization is not satisfied
with the decision of the medical board, the insured person or the
Organization may appeal, in the prescribed manner and within the
prescribed time, to the appellate medical board constituted in
accordance with the regulations.
(3) Regulations may prescribe that the claimant for invalidity
pension or permanent disablement benefit called to appear before
a medical board or, in the event of an appeal by the Organization,
b e f o r e the appellate medical board, in connection with the
d e t e r m i n a t i o n of the question of invalidity or the question of
disablement, may be paid travelling and other expenses incurred
by him in connection with such appearance in such cases and on
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41
such scale and subject to such conditions as may be prescribed by
the regulations.
Insured person dies before medical board examination
33A. Where an insured person, having submitted his notice of
invalidity or application for reference to the medical board for
determination of the disablement question in accordance with the
regulations, dies before being examined by a medical board, the
Organization may in its discretion, subject to any available
medical evidence to its satisfaction, refer such a case to the
medical board for determination of the invalidity question or
disablement question.
Review of decisions by medical board or appellate medical
board
34. (1) Any decision under this Act of a medical board
(including the Special Medical Board) or the appellate medical
board may be reviewed at any time by the medical board or the
appellate medical board, if it is satisfied by fresh evidence that the
decision was given in consequence of the non-disclosure or
misrepresentation by the employee or any other person of a
material fact (whether the non-disclosure or misrepresentation
was or was not fraudulent).
(2) Any assessment of the extent of the disablement resulting
from the relevant employment injury may also be reviewed by a
m e d i c a l board, if it is satisfied that since the making of the
a s s e s s m e n t there has been a substantial and unforeseen
aggravation of the results of the relevant injury:
Provided that an assessment shall not be reviewed under this
subsection unless the medical board is of the opinion that, having
r e g a r d to the period taken into account by the assessment,
substantial injustice will be done by not reviewing it.
(3) Except with the leave of an appellate medical board, the
assessment shall not be reviewed under subsection (2) on any
a p p l i c a t i o n made less than three years, or in the case of a
provisional assessment, six months, from the date thereof and on
such a review the period to be taken into account by any revised
assessment shall not include any period before the date of the
application.
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(4) Subject to subsection (3), a medical board may deal with a
case of review in any manner in which it could deal with it on an
original reference to it, and in particular may make a provisional
assessment notwithstanding that the assessment under review was
f i n a l ; and section 33 shall apply to an application for review
u n d e r this section and to a decision of a medical board in
c o n n e c t i o n with such application as they apply to a case for
d i s a b l e m e n t benefit under that section and to a decision of a
medical board in connection with such case.
Review of invalidity pension
35. (1) Subject to this Act and the regulations made in this
behalf, the Organization may review the payment of any invalidity
pension and as a result of such review may increase, continue,
reduce or discontinue such pension.
(2) Where a review is necessary consequent upon improvement in
the state of invalidity, invalidity pension shall not be withdrawn
unless, from any such suitable occupation as he is still capable of
undertaking, the pensioner is able to earn more than half of what
can be earned by a physically and mentally sound person of his
experience and training:
Provided that the invalidity pension shall be decreased by an
amount equal to the amount earned in excess of one-third of his
average wage before invalidity.
Review of dependants' benefit
36. (1) Any decision awarding dependants' benefit or survivors'
pension under this Act may be reviewed at any time by the
Organization if it is satisfied by fresh evidence that the decision
was given in consequence of non-disclosure or misrepresentation
by the claimant or any other person of a material fact (whether the
non-disclosure or misrepresentation was or was not fraudulent) or
that the decision is no longer in accordance with this Act due to
any birth or death or due to the marriage, remarriage, cessation of
infirmity or the attainment of twenty-one years of age, by a
claimant.
(2) Subject to this Act, the Organization may, on such review
a s mentioned above, direct that the dependants' benefit or
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43
survivors' pension be continued, increased, reduced or
discontinued.
Medical benefit
37. (1) An insured person whose condition requires, as a result
of employment injury, medical treatment and attendance shall be
entitled to receive medical benefit.
(2) Such medical benefit may be given either in the form of
outpatient treatment and attendance in a hospital or dispensary,
clinic or other institution or by visits to the home of the insured
person or treatment as inpatient in hospital or other institution.
(3) (Deleted by Act A450).
Scale of medical benefit
38. (1) An insured person shall be entitled to receive medical
benefit only of such kind and on such scale as may be provided by
the Organization, and the insured person shall not have a right to
claim any medical treatment except such as is provided by the
dispensary, clinic, hospital or other institution to which he is
allotted, or as may be provided by the regulations.
(2) Nothing in this Act shall entitle an insured person to claim
reimbursement from the Organization of any expenses incurred in
respect of any medical treatment, except as may be provided by
the regulations.
Establishment and maintenance of hospitals, etc.
39. (1) The Organization may establish and maintain such
hospitals, dispensaries and other medical and surgical services as
it may think fit for the benefit of insured persons.
(2) The Organization may enter into agreement with any
G o v e r n m e n t , local authority, person, private or individual in
regard to the provisions of medical treatment and attendance for
insured persons, in any area and payment of the cost of it.
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Organization's power to co-operate with existing institutions
or promote measures for health, welfare, etc., of insured
persons
40. (1) The Organization may, in addition to the scheme of
benefits specified in this Act, promote measures or co-operate
with existing institutions for the improvement of the health,
occupational safety and welfare of insured persons and for the
rehabilitation and re-employment of insured persons who have
been disabled or injured and may incur in respect of such
measures expenditure from the funds of the Organization within
such limits as may be prescribed by the Minister.
(2) Measures under subsection (1) may include provision of
a r t i f i c i a l limbs and appliances, opportunities for gainful
employment under suitable conditions and convalescent homes.
Benefit not assignable or attachable
41. (1) The right to receive any payment of any benefit or
invalidity grant under this Act, and the amount of contributions
payable under this Act, shall not be transferable or assignable.
(2) No cash benefit including invalidity grant or contributions
payable under this Act shall be liable to attachment or sale in
execution of any decree or order of any court.
42. (Deleted by Act A981).
Persons not to commute cash benefits
43. Save as may be provided in the regulations no person shall be
entitled to commute for a lump sum any periodical payment
admissible under this Act:
P r o v i d e d that where the loss of earning capacity has been
assessed at more than twenty per cent, an insured person may opt
for the commutation of one-fifth of the daily benefit payable for a
lump sum and to receive the balance as periodical payments.
Persons not entitled to receive benefits in certain cases
44. No person shall be entitled to disablement benefit for temporary
disablement in respect of any day on which he works and receives
wages.
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45
Claimant of disablement benefit or invalidity pension to
observe conditions
45. The claimant of disablement benefit or invalidity pension
shall attend and submit himself for such medical or other examination
as the Organization or a medical board or the appellate medical
board may consider necessary for ratification and certification of
his disability or invalidity.
Recipients of disablement benefit to observe conditions
46. (1) A person who is in receipt of disablement benefit (other
than benefit granted on permanent disablement)--
(a)
shall remain under medical treatment at a dispensary,
hospital, clinic or other institution provided under this
Act and shall carry out the instructions given by the
medical officer or medical attendant in charge of it;
(b)
shall not while under treatment do anything which might
prejudice his chances of recovery;
(c)
shall not leave the area in which medical treatment
provided by this Act is being given, without the
permission of the medical officer, medical attendant
or such other authority as may be specified in this
behalf by the regulations; and
(d)
shall allow himself to be examined by any duly appointed
medical officer or other person authorized by the
Organization in this behalf.
(2) Disablement benefit for temporary disablement may be
suspended, if a person who is in receipt of such benefit fails to
comply with any of the requirements of subsection (1), and such
suspension shall be for such number of days as may be decided by
the Organization or any other person authorized in this behalf by
the Organization.
47. (Deleted by Act A450).
Organization's right where a principal employer fails or
neglects to pay any contribution
48. (1) If any principal employer fails or neglects to pay any
contribution which under this Act he is liable to pay in respect of
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any employee and by reason of it such person or his dependants
become entitled to benefit on a lower scale, the Organization may,
on being satisfied that the contribution should have been paid by
the principal employer, pay to the person or their dependants the
benefit at the rate to which he or they would have been entitled if
the failure or neglect had not occurred and the Organization shall
be entitled to recover from the principal employer either--
(i)
the difference between the amount of benefit which
has been paid by the Organization to the said person
or his dependants and the amount of the benefit which
would have been payable on the basis of the
contributions which were in fact paid by the employer;
or
(ii)
twice the amount of the contribution which the employer
failed or neglected to pay,
whichever is greater.
(2) The amount recoverable under this section may be recovered
as a debt due to the Organization.
(3) This section shall not apply to invalidity pension.
Suspension of invalidity pension
49. (1) The Organization may suspend invalidity pension for a
period not exceeding twelve months if the pensioner has
fraudulently acted towards the Organization in connection with
any claim which he has made or any payment which he has
received.
(2) The Organization may suspend the pension if and so long
as the invalid pensioner--
(a)
engages in any employment by virtue of which he is
liable to be insured under this Act, if the amount
earned from such employment is more than one third
of his average wage before invalidity;
(b)
fails without good cause to appear, when directed,
before the medical board or any other authority for
verification of the existence or the continued existence
of his invalidity;
(c)
refuses or neglects without good cause to comply with
any directive issued to him by or on behalf of the
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47
Organization in regard to any process of physical or
vocational rehabilitation or vocational training which
he is required to undergo free of charge; or
(d)
fails without good cause to submit himself to any free
medical treatment including fitting of prosthetic
appliances offered by the Organization for his invalidity
or fails to carry out any instructions of the medical
officer in whose care he is placed:
Provided that he shall not be required to undergo
any operation that is capable of endangering his life or
health.
Repayment of benefit improperly received
50. (1) Where any person has received any benefit or payment
under this Act when he is not lawfully entitled to it, he shall be
liable to repay to the Organization the value of the benefit or the
amount of such payment, or in the case of his death, his representative
shall be liable to repay the same from the assets of the deceased,
if any, in his hands.
(1A) Where any person has received any benefit or payment
u n d e r this Act when he is not lawfully entitled to it, and
subsequently becomes entitled to other benefits under this Act,
the Organization shall recover the value of the benefit or the
amount of such payment from that other benefit that he is entitled
to.
(2) The value of any benefits received other than cash payments
shall be determined by such authority as may be specified in the
regulations made in this behalf and the decision of such authority
shall be final.
(3) The amount recoverable under this section may be recovered
as a debt due to the Organization.
Payment of amount of benefit outstanding at the time of the
death of the insured person
51. If a person dies during any period for which he is entitled to
any of the cash benefits (or when he is entitled to invalidity grant)
provided under this Act, the amount of such benefit (or grant)
shall be paid to any person nominated by the deceased person in
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writing in such form as may be specified in the regulations or, if
there is no such nomination, to the heir or legal representative of
the deceased person:
Provided that the amount of cash benefit shall be payable up to
and including the day of his death in case of disablement benefit
( a n d constant-attendance allowance, if any) and dependants'
benefit and survivors' pension and up to the last day of the month
p r e c e d i n g the month in which the pensioner dies, in case of
invalidity pension (and constant-attendance allowance, if any).
Employer not to reduce wages, etc.
52. No employer by reason only of his liability for any contributions
payable under this Act shall, directly or indirectly reduce the
wages of any employee, or except as provided by the regulations,
discontinue or reduce benefits payable to him under the conditions
of his service which are similar to the benefits conferred by this
Act.
Employer not to dismiss or punish employee during period of
temporary disablement
53. (1) No employer shall, except as provided under the regulations,
dismiss, discharge, or reduce or otherwise punish an employee
during the period he is in receipt of disablement benefit for
temporary disablement.
(2) No notice of dismissal or discharge or reduction given to
an employee during the period specified in subsection (1) shall be
valid or operative.
Claim for benefits
54. Every claim for a benefit or pension or invalidity grant shall
be submitted in such form to such authority with such evidence in
support of the claim, as may be prescribed by the regulations.
Reporting of change in condition, etc.
55. A person in receipt of any benefit under this Act, shall report
to the Organization as soon as possible every event or fact which
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49
affects or is likely to affect his continued right to the benefit or the
rate of it.
Discretion to compute the qualifying period and the rate of
monthly invalidity pension
56. (1) Notwithstanding the provisions of sections 17, 17A, 20
and 29 and the Eighth Schedule, the Organization may take into
account, for the purposes of computing the qualifying period for
invalidity pension, survivors' pension, funeral benefit and the
rates of monthly invalidity pension and survivors' pension, any
contribution in respect of an insured person which, though due
under this Act, have not actually been paid.
(2) If, but for taking into account contributions referred to in
subsection (1), a person would not complete the qualifying period
o r would be entitled to the invalidity pension or survivors'
pension at a lower rate, the actuarial present value of the pension
or such part of the pension as is attributable to the contributions
taken into account in subsection (1), may be recovered by the
O r g a n i z a t i o n from the employer who has failed to pay the
a f o r e s a i d contributions, or if there is more than one such
e m p l o y e r , from all of them, in proportion to the amount of
contributions they failed to pay.
Facilities for physical or vocational rehabilitation
57. (1) An insured person suffering from or claiming to suffer
from invalidity or permanent disablement may be provided by the
Organization, free of charge facilities for physical or vocational
rehabilitation.
(2) Facilities under subsection (1) shall be of such nature and
scale and shall be provided to such insured persons and on such
conditions as may be specified by the regulations.
(3) An insured person suffering from or claiming to suffer
from invalidity or permanent disablement may, if his condition so
requires, be provided free of charge with prosthetic, orthotic or
o t h e r appropriate appliances as may be determined by the
O r g a n i z a t i o n and such appliances may be renewed, when
necessary, free of charge.
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(4) An insured person who has to undergo physical or
v o c a t i o n a l rehabilitation or who is or is to be fitted with
p r o s t h e t i c , orthotic or other a p p l i a n c e s may be pa i d or
r e i m b u r s e d , as determined by the Organization, expenses
reasonably incurred or to be incurred by him on travelling or
maintenance in connection with such measures, or the fitting of
prosthetic, orthotic or other appliances.
Education benefit
57A. Education benefit in the form of loans or scholarships may
be provided to a dependant child of an insured person who--
(a)
dies as a result of an employment injury;
(b)
dies whilst in receipt of invalidity pension;
(c)
dies before attaining the age of fifty-five years but has
completed a full or a reduced qualifying period as
specified under section 17A;
(d)
is in receipt of invalidity pension; or
(e)
is in receipt of periodical payments of permanent
disablement benefit,
on such terms and conditions as the Organization may deem fit to
impose.
Organization to be responsible for the recovery and collection
of repayments of educational loans
57B. (1) The Organization shall be responsible for the recovery
and collection of repayments of educational loans paid out to a
dependant child under section 57A.
(2) An educational loan which is not repaid or which is in
arrears shall be treated as a civil debt owned by a dependant child
to the Organization and the Organization may avail itself of such
means as are permitted under the law for the recovery of such
debt.
Appointment of collection agents
57C. The Organization, with the approval of the Minister, may
appoint such number of agents for the purpose of recovery of
educational loans paid out to a dependant child under section 57A.
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PART IV
ADMINISTRATION, FINANCE AND AUDIT
Administration of the Social Security Scheme
58. (1) The Scheme of Social Security embodied under the Act
shall be administered by the Social Security Organization in
accordance with this Act.
(2) The general direction and superintendence of the Organization
shall vest in the Board which shall be established in accordance
with this Act.
Chief Executive Officer
59. (1) The Minister shall appoint a Director General who shall
be the Chief Executive Officer of the Organization.
(2) The Minister may also appoint one or more Deputy Directors
General.
(2A) If for any period the Director General is temporarily
a b s e n t from Malaysia or temporarily incapacitated through
illness, or for any other reason is unable to perform his duties, or
where the office of the Director General becomes vacant, the
Minister shall appoint one of the Deputy Directors General to
perform the duties of the Director General during such period.
(3) The terms and conditions of service of the Director
General and of Deputy Directors General shall be determined by
the Minister in consultation with the Minister of Finance.
The Social Security Organization
59A. The Organization shall be a body corporate with perpetual
succession and a common seal and may sue and be sued in its
name and, subject to and for the purposes of this Act, may enter
into contracts and may acquire, purchase, take, hold and enjoy
movable and immovable property of every description, and may
convey, assign, surrender, yield up, charge, mortgage, demise,
reassign, transfer or otherwise dispose of, or deal with, any
movable or immovable property or any interest in it vested in the
Organization upon such terms as it thinks fit.
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Establishment of the Board
59B. (1) There shall be established a board to be known as the
Social Security Organization Board.
(2) The Board shall be composed as follows:
(a)
a Chairman to be appointed by the Minister;
(b)
the Director General of the Organization;
(c)
an officer representing the Ministry of Finance;
(ca)
an officer representing the Ministry responsible for
human resources;
(cb)
an officer representing the Ministry responsible for
health;
(d)
not more than four persons representing employers to
be appointed by the Minister in consultation with such
Organizations representing employers as the Minister
may think fit for that purpose;
(e)
not more than four persons representing insured
persons to be appointed by the Minister in consultation
with such Organizations representing insured persons
as the Minister may think fit for that purpose;
(f)
three persons with experience in social security
matters to be appointed by the Minister.
(3) The appointment of members of the Board shall be
notified in the Gazette.
(4) Members of the Board appointed under paragraphs (2)(a),
(d), (e) and (f) shall hold office for such term and be subject to
such conditions as the Minister may specify in the instrument
appointing them.
(5) The Board shall not be prevented from performing any of
i t s functions, duties and obligations under this Act by any
vacancy in its membership:
Provided that the Minister shall take all possible steps to ensure
that any vacancy among persons appointed in accordance with
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53
paragraphs (2)(a), (d), (e) and (f) shall be filled as soon as is
reasonably practicable.
(6) (Deleted by Act A981).
(7) The Minister may appoint an officer of the Organization to
perform the duties of Secretary of the Board and another officer
to be his Assistant.
(8) The Minister may for each of the members appointed
u n d e r paragraphs (2) (d) and (e) appoint a person to be an
alternate member to attend meetings of the Board in place of the
m e m b e r when the member is unable to attend due to illness,
incapacity or any other reason:
Provided that the appointment of the alternate member shall be
in consultation with such Organizations representing employers
or insured persons, as the Minister may think fit.
(9) When attending meetings of the Board, an alternate
member shall for all purposes be deemed to be a member of the
Board.
(10) An alternate member shall, unless he sooner resigns his
membership or his appointment is sooner revoked, cease to be an
alternate member when the member for whom he is an alternate
member ceases to be a member of the Board.
Minister shall appoint any person to act as Chairman
59C. (1) If for any period the Chairman of the Board is temporarily
absent from Malaysia or temporarily incapacitated through illness, or
for any other reason is unable to perform his duties, the Minister
shall appoint any person to perform the duties of Chairman during
such period.
(2) Where the office of Chairman becomes vacant the Minister
shall appoint any person to perform the duties of the Chairman
until such time as the vacancy is filled.
Sixth Schedule to apply to Board
59D. The Sixth Schedule to this Act shall apply to the Board.
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Cessation of membership of Board
59E. (1) A member of the Board shall cease to be a member--
(a)
if he fails to attend three consecutive meetings without
leave of the Board; or
(b)
if his appointment is revoked by the Minister.
(2) A member of the Board appointed by the Minister under
p a r a g r a p h s 59B(2) (a) , (2)(d) , (2) (e) and (2) (f) may resign his
office by notice in writing to the Minister.
Disqualification
59F. (1) A person shall be disqualified from being a member of
the Board--
(a)
if he is declared to be of unsound mind by a competent
court; or
(b)
if he is an undischarged bankrupt; or
(c)
if he has directly or indirectly any interest in a
subsisting contract with or any work being done for
the Organization except as a medical practitioner or as
a shareholder (not being a director) of a company; or
(d)
if before or after the commencement of this Act, he
has been found guilty by any competent court of an
offence  involving  fraud,  dishonesty  or  moral
turpitude; or
(e)
if after demand, a member fails to remit to the
Organization previous contributions which have become
due; or
(f)
if he subsequently becomes an officer or servant of the
Organization other than the Director General and the
Deputy Director General; or
(g)
if he has become a member of any legislature.
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(2) Any cessation of membership of the Board in accordance
w i t h the provisions of this section or of section 59  C shall be
notified in the Gazette.
Application of the Public Authorities Protection Act 1948
59G. The Public Authorities Protection Act 1948 [Act 198] shall
apply to any action, suit, prosecution or proceeding against the
Board, or against any of its members, any officer, servant or agent
of the Organization in respect of any act, neglect or default done
or committed by him in such capacity.
Public servants and public officers
59H. All members of the Board and officers and servants of the
Organization while discharging their duties as such members,
officers or servants shall be deemed to be public servants within the
meaning of the Penal Code [Act 574], and public officers for the
purposes of any written law for the time being in force.
Board to give effect to Minister's directions
59I. (1) In the exercise of its powers and the performance of its
duties and functions under this Act, the Board shall be responsible
to the Minister who may, from time to time, give directions not
inconsistent with this Act, and the Board shall as soon as possible,
give effect to all such directions.
(2) The Minister may at any time require the Board to submit
t o him proposals for the introduction of new Social Security
Schemes or the modification or extension of the existing schemes
as may be necessary for the fulfilment of the Government's social
policy programmes.
Delegation of power
59J. The Board may, subject to such conditions, limitations or
restrictions as it thinks fit, delegate to the Chairman, Director
General, any of its members or any person, authority to sanction
expenditure from the Social Security Fund or any other monies
under the control of the Board, up to such limit as it shall in such
case specify.
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Administrative control of officers and servants by Director
General
59K. (1) Subject to the directions of the Chairman of the Board,
the Director General shall have administrative control of the
officers and servants of the Organization.
(2) The Director General shall perform such other or further
d u t i e s as the Minister or the Board may from time to time
determine.
Appointment of officers and servants
59L. (1) Subject to section 59, the Board may appoint such other
officers and servants of the Organization as may be necessary for
the purpose of carrying out this Act.
(2) No person shall be eligible for employment as officer or
servant of the Organization if he has, directly or indirectly any
share or interest in any contract or proposed contract with, for or
on behalf of the Organization.
(3) Any officer or servant of the Organization who has or
acquires directly or indirectly any such share or interest shall be
liable to dismissal by the Board:
Provided that no such officer or servant shall be dismissed
without being given a reasonable opportunity of being heard.
Setting up divisions, regional offices, etc.
59M. The Board may set up within the Organization such
divisions and regional and local offices as it may consider
necessary for the efficient functioning of the Organization.
Power to dispose of staff questions
59N. (1) Subject to this Act and in the staff rules, the Director
General shall dispose of all questions relating to the service (other
than questions on appointment, suspension, promotion and
dismissal), pay, privileges and allowances of officers and servants
of the Organization:
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Provided that in the case of officers and servants who are not in
t h e Group 11 category, such powers, with the exception of
granting or suspending leave, shall not be exercised without the
previous approval of the Board.
(2) Any officer or servant aggrieved by a decision of the
Director General in the exercise of his powers under this section
may appeal to the Board within such period as may be determined
in staff rules.
Power to make staff rules
59O. (1) With the approval of the Minister, the Board may, from
time to time, make staff rules relating to the conditions of service
of officers and servants (other than the Director General and
Deputy Director General) of the Organization:
Provided that in making such rules, the Board shall have regard
to the rates of pay and other conditions of service applicable to
officers and servants of statutory bodies.
(2) Without prejudice to the generality of subsection (1) such
rules may provide for matters specified in the Seventh Schedule.
Committees
59P. Notwithstanding any other provisions in this Act, the Board
may set up committees consisting of members of the Board or
persons who are not members of the Board or a combination of
both to advise or assist the Board on such matters concerning its
functions as it considers fit, and the Board may delegate, subject
to such conditions or restrictions as it may impose, such of its
functions as it considers fit to any such committees.
Disciplinary Committee
59Q. There shall be a Disciplinary Committee which shall consist
of the following three members:
(a)
two members to be elected by and from among the
members of the Board (other than the Chairman of
the Board), one of whom shall be elected as chairman;
and
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(b)
the Director General:
Provided that the Director General or the Deputy
Director General, shall not be a member of the
Disciplinary Committee in any proceedings before it
in which he is the complainant, in which case his place
shall be taken by a member to be appointed by and
from the members of the Board.
Discipline of officers
59R. (1) The disciplinary authority in respect of every officer
and servant of the Organization, other than the Director General
and the Deputy Director General, shall be the Disciplinary
Committee established under section 59Q.
(2) In the exercise of its functions, powers or duties the
D i s c i p l i n a r y Committee shall have the power to take such
disciplinary action and impose such disciplinary punishment as
may be provided by any rules that may be made under section
59T.
(3) The Disciplinary Committee may, subject to subsection
(4), delegate any of its disciplinary functions, powers or duties to
any officer or servant of the Organization, or to any committee of
o f f i c e r s or servants of the Organization, in respect of any
particular officer or servant of the Organization or in respect of
any class or category of officers or servants of the Organization,
and the officer or servant or the committee delegated with such
functions, powers or duties shall carry out, exercise or discharge
t h e m under the direction and control of the Disciplinary
Committee which shall have the power to review, rescind or vary
any decision or finding of such officer or servant, or committee.
(4) No delegation shall be made under subsection (3) so as to
enable an officer or servant of the Organization to exercise any
disciplinary authority or to be a member of a committee which
may exercise any disciplinary authority over an officer or servant
who is superior to him in rank.
(5) Any officer or servant of the Organization who is dissatisfied
with the decision of the Disciplinary Committee or of any person
or committee delegated with disciplinary functions, powers or
duties under subsection (3) may, within fourteen days, appeal in
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writing against such decision to the Disciplinary Appeal Board
which may give such decision thereon as it deems fit.
Establishment of Disciplinary Appeal Board
59S. (1) There shall be established a Disciplinary Appeal Board
composed as follows:
(a)
the Chairman of the Board, as Chairman; and
(b)
members of the Board, excluding the members who sit
in the Disciplinary Committee.
(2) The decision of the Disciplinary Appeal Board shall be
final.
Power to make disciplinary rules
59T. (1) The Board may, with the approval of the Minister, make
such disciplinary rules as it deems necessary or expedient to
provide for the discipline of the officers and servants of the
Organization.
(2) The disciplinary rules made by the Board under this
section may include--
(a)
provisions for the interdiction with reduction in salary
or in other remuneration, or provisions for the suspension
without salary or other remuneration, of an officer or
servant of the Organization during the pendency of
disciplinary proceedings;
(b)
provisions for disciplinary offences and punishment
as the Board may deem appropriate, and the punishments
so provided may extend to dismissal or reduction in
rank; and
(c)
the procedure for disciplinary proceedings and provisions
for an opportunity for representations to be made by
the person against whom disciplinary proceedings are
taken.
Imposition of surcharge
59U. (1) If the Board is satisfied that any person who is or was in
the employment of the Organization--
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(a)
is or was responsible for any improper payment of
moneys from the Fund or for any payment of such
moneys which is not duly vouched;
(b)
is or was responsible for any deficiency in, or for the
destruction of, any moneys, stamps, securities, stores
or other property of the Organization;
(c)
being or having been an accounting officer, fails or
has failed to keep proper accounts or records; or
(d)
has failed to make any payment, or is or was responsible
for any delay in the payment, of moneys from the Fund
to any person to whom such payment is due under any
contract, agreement or arrangement entered into
between that person and the Organization,
and if a satisfactory explanation is not furnished to the Board
within a period specified by the Board, with regard to the failure
to collect, improper payment, payment not duly vouched,
deficiency or destruction, or failure to keep proper accounts or
records, or failure to make payment, or delay in making payment,
the Board may surcharge against the said person a sum not
exceeding the amount of any such amount not collected, such
payment, deficiency, or loss or the value of the property
destroyed, as the case may be; and with regard to the failure to
keep proper accounts or records, or the failure to make payment,
or the delay in making payment, the Board may surcharge against
the said person such sum as the Board may think fit.
(2) The Board shall cause the Director General to be notified
o f any surcharge made under subsection (1) and the Director
General shall thereupon notify the person surcharged.
(3) The Board may at any time withdraw any surcharge in
respect of which a satisfactory explanation has been received or if
it otherwise appears that no surcharge should have been made,
and the Board shall at once cause the Director General to be
notified of such withdrawal.
(4) The amount of any surcharge imposed under subsection
(1) and not withdrawn under subsection (3) shall be a debt due to
the Organization from the person against whom the surcharge is
imposed and may be sued for and recovered in any court at the
s u i t of the Organization and may also be recovered by
deduction--
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(a)
from the salary of the person surcharged if the Board
so directs; or
(b)
from the pension of the person surcharged if the Board
so directs,
by equal monthly instalments not exceeding one-fourth of the
total monthly salary or pension, of the person.
Establishment of Promotion Board
59V. (1) There shall be established a Promotion Board in respect
of each of the categories of officers and servants as set out in the
first column of the Tenth Schedule, constituting the members
specified in the second column of the same Schedule.
(2) The relevant Promotion Board shall have jurisdiction and
shall exercise its functions in all matters relating to promotion in
respect of all officers and servants of the Organization in the
category specified in the first column of the Tenth Schedule.
Establishment of Promotion Appeal Board
59W. (1) There shall be established a Promotion Appeal Board in
respect of each of the categories of officers and servants as set out
in the first column of the Tenth Schedule constituting the
members specified in the third column of the same Schedule.
(2) The Promotion Appeal Board shall have jurisdiction and
shall exercise its functions in respect of any appeal against any
decision of a Promotion Board relating to an officer or servant
over whom that Promotion Board has jurisdiction.
(3) Any officer or servant, who is eligible for promotion, or