(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--

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/50.Repayment of benefit improperly received

50. Repayment of benefit improperly received

(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 under 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.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/51.Payment of amount of benefit outstanding at the time of the death of the insured person

51. Payment of amount of benefit outstanding at the time of the death of the insured person

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 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 (and constant-attendance allowance, if any) and dependants' benefit and survivors' pension and up to the last day of the month preceding the month in which the pensioner dies, in case of invalidity pension (and constant-attendance allowance, if any).

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/52.Employer not to reduce wages, etc.

52. Employer not to reduce wages, etc.

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.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/53.Employer not to dismiss or punish employee during period of temporary disablement

53. Employer not to dismiss or punish employee during period of temporary disablement

(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.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/54.Claim for benefits

54. Claim for benefits

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.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/55.Reporting of change in condition, etc.

55. Reporting of change in condition, etc.

A person in receipt of any benefit under this Act, shall report to the Organization as soon as possible every event or fact which affects or is likely to affect his continued right to the benefit or the rate of it.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/56.Discretion to compute the qualifying period and the rate of monthly invalidity pension

56. Discretion to compute the qualifying period and the rate of monthly invalidity pension

(1) Notwithstanding the provisions of sections17, 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 or 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 Organization from the employer who has failed to pay the aforesaid contributions, or if there is more than one such employer, from all of them, in proportion to the amount of contributions they failed to pay.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/57.Facilities for physical or vocational rehabilitation

57. Facilities for physical or vocational rehabilitation

(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 other appropriate appliances as may be determined by the Organization and such appliances may be renewed, when necessary, free of charge.

(4) An insured person who has to undergo physical or vocational rehabilitation or who is or is to be fitted with prosthetic, orthotic or other appliances may be paid or reimbursed, 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.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/57A.Education benefit

57A. Education benefit

Education benefit in the form of loans or scholarships may be provided to a dependant child of an insured person who--

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/57B.Organization to be responsible for the recovery and collection of repayments of educational loans

57B. Organization to be responsible for the recovery and collection of repayments of educational loans

(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.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/57C.Appointment of collection agents

57C. Appointment of collection agents

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.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/58.Administration of the Social Security Scheme

Part IV ADMINISTRATION, FINANCE AND AUDIT

58. Administration of the Social Security Scheme

(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.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/59.Chief Executive Officer

59. Chief Executive Officer

(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 absent 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.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/59A.The Social Security Organization

59A. The Social Security Organization

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.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/59B.Establishment of the Board

59B. Establishment of the Board

(1) There shall be established a board to be known as the Social Security Organization Board.

(2) The Board shall be composed as follows:

(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 its 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 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 under paragraphs (2)(d) and (e) appoint a person to be an alternate member to attend meetings of the Board in place of the member 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.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/59C.Minister shall appoint any person to act as Chairman

59C. Minister shall appoint any person to act as Chairman

(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.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/59D.Sixth Schedule to apply to Board

59D. Sixth Schedule to apply to Board

The Sixth Schedule to this Act shall apply to the Board.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/59E.Cessation of membership of Board

59E. Cessation of membership of Board

(1) A member of the Board shall cease to be a member--

(2) A member of the Board appointed by the Minister under paragraphs 59B (2)(a), (2)(d), (2)(e) and (2)(f)may resign his office by notice in writing to the Minister.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/59F.Disqualification

59F. Disqualification

(1) A person shall be disqualified from being a member of the Board--

(2) Any cessation of membership of the Board in accordance with the provisions of this section or of section 59C shall be notified in the Gazette.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/59G.Application of the Public Authorities Protection Act 1948

59G. Application of the Public Authorities Protection Act 1948

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.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/59H.Public servants and public officers

59H. Public servants and public officers

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.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/59I.Board to give effect to Minister's directions

59I. Board to give effect to Minister's directions

(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 to 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.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/59J.Delegation of power

59J. Delegation of power

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.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/59K.Administrative control of officers and servants by Director General

59K. Administrative control of officers and servants by Director General

(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 duties as the Minister or the Board may from time to time determine.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/59L.Appointment of officers and servants

59L. Appointment of officers and servants

(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.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/59M.Setting up divisions, regional offices, etc.

59M. Setting up divisions, regional offices, etc.

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.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/59N.Power to dispose of staff questions

59N. Power to dispose of staff questions

(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:

Provided that in the case of officers and servants who are not in the 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.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/59O.Power to make staff rules

59O. Power to make staff rules

(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.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/59P.Committees

59P. Committees

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.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/59Q.Disciplinary Committee

59Q. Disciplinary Committee

There shall be a Disciplinary Committee which shall consist of the following three members:

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/59R.Discipline of officers

59R. Discipline of officers

(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 Disciplinary 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 officers 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 them 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 writing against such decision to the Disciplinary Appeal Board which may give such decision thereon as it deems fit.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/59S.Establishment of Disciplinary Appeal Board

59S. Establishment of Disciplinary Appeal Board

(1) There shall be established a Disciplinary Appeal Board composed as follows:

(2) The decision of the Disciplinary Appeal Board shall be final.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/59T.Power to make disciplinary rules

59T. Power to make disciplinary rules

(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. 

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/59U.Imposition of surcharge

59U. Imposition of surcharge

(1) If the Board is satisfied that any person who is or was in the employment of 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 of 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 suit of the Organization and may also be recovered by deduction--

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/59V.Establishment of Promotion Board

59V. Establishment of Promotion Board

(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.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/59W.Establishment of Promotion Appeal Board

59W. Establishment of Promotion Appeal Board

(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 for acting in a capacity with a view to promotion, who is aggrieved by the decision of the Promotion Board concerned, may appeal to the relevant Promotion Appeal Board.

(4) A Promotion Appeal Board, after considering the appeal, may confirm or vary the decision of the Promotion Board concerned, the result of which shall be duly conveyed to the Promotion Board to enable it to come to a decision.

(5) The Promotion Appeal Board may alter the effective date of promotion and the order of seniority of the officers or servants concerned but without prejudice to the promotion per se of the successful officers or servants.

(6) The decision of the Promotion Appeal Board shall be final.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/60-63.Omitted or Deleted Section

60-63. Omitted or Deleted Section

(Deleted by Act A675).

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/64.Fees and allowances

64. Fees and allowances

Members of the Board and the Investment Panel shall receive such fees, allowances and any other benefits as may from time to time be determined by the Minister.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/65-67.Omitted or Deleted Section

65-67. Omitted or Deleted Section

(Deleted by Act A675).

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/68.Social Security Fund

68. Social Security Fund

There shall be established under this Act the Social Security Fund into which shall be paid--

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/69.Administration of the Fund

69. Administration of the Fund

(1) The Social Security Fund shall be held and administered by the Organization for the purposes of this Act.

(2) All moneys accruing or payable to the said Fund shall be paid into such banks as may be authorized by the Board:

Provided that the Board may authorize post offices also to accept, on behalf of the Organization, all moneys accruing or payable to the Fund referred to in section 68 subject to such terms and conditions as may be prescribed in the regulations.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/70.Acceptance of grants, donations, etc.

70. Acceptance of grants, donations, etc.

The Organization may accept grants, donations and gifts from the Federal or any State Government, local authority, or any individual or body whether incorporated or not, for all or any of the purposes of this Act.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/71.Purposes for which the Fund may be expended

71. Purposes for which the Fund may be expended

Subject to this Act and of any regulations made thereunder, the Social Security Fund shall be expended only for the following purposes, namely:

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/72.Expenditure on administration

72. Expenditure on administration

Notwithstanding section71, expenditure may be incurred by the Organization out of the Social Security Fund up to such amount as the Minister may authorize by regulation, for any one year, for carrying on the administration of the Scheme of Social Security provided under the Act including--

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/72A.Withdrawal from Fund for loans

72A. Withdrawal from Fund for loans

Notwithstanding section 71, the Organization may authorize the withdrawal of such amount from the Social Security Fund as may be required for granting loans to officers and servants of the Organization as provided in the staff rules or for purposes similar to those approved by the Government for members of the public services.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/73.Administrative expenditure Government's responsibility

73. Administrative expenditure Government's responsibility

Notwithstanding the provisions of the foregoing section, the Government may incur all expenditure for and in connection with the establishment of the Organization up to the date of its establishment and thereafter may bear all or to such extent and for such period as may be prescribed by the Minister of Finance the administrative expenditure in connection with the purposes mentioned in the foregoing section.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/74.Holding of property, etc.

74. Holding of property, etc.

The Organization may, subject to such conditions as may be prescribed by the Minister in consultation with the Minister of Finance acquire and hold property both movable and immovable, sell or otherwise transfer any movable or immovable property which may have become vested in or have been acquired by it and do all things necessary for the purposes for which the Organization is established.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/75.Investment of funds

75. Investment of funds

(1) Subject to such conditions as may be prescribed by the Minister in consultation with the Minister of Finance, the funds of the Organization which are not immediately required for meeting expenses under the Act shall be invested--

Provided that any investment made under this Act may be varied, transposed or realized from time to time.

(2) The Minister in consultation with the Minister of Finance may, at any time, direct the vacation in part or in whole, or prohibit investment, in any security or class of securities.

(3) For the purposes of this section--

"debentures"

includes debenture stock, bond, note or other securities or obligations of a company, whether constituting a charge on the assets of the company or not and also includes the right to subscribe for any debenture;

"shares"

means the paid-up shares (whether fully paid or not) in the share capital of a company and includes stocks and rights to subscribe for any stock or shares.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/75A.Investment Panel

75A. Investment Panel

(1) There shall be established an Investment Panel which shall, subject to such directions as may be issued by the Board, be responsible for matters pertaining to the investments of the Organization.

(2) The Investment Panel shall consist of the following persons:

(3) The provisions of the Ninth Schedule shall apply to the Investment Panel.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/75B.Omitted or Deleted Section

75B. Omitted or Deleted Section

(Deleted by Act A981).

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/76.Raising of loans

76. Raising of loans

The Organization may, with the previous sanction of the Minister of Finance and on such terms as may be prescribed by him, raise loans and take measures for discharging such loans.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/77.Budget estimates

77. Budget estimates

The Organization shall in each year frame a budget showing the probable receipts and the expenditure which it proposes to incur during the following year and shall submit a copy of the budget for the approval of the Minister before such date as may be fixed by him in that behalf and such budget shall contain provisions adequate in the opinion of the Minister for the discharge of the liabilities incurred by the Organization and for the maintenance of a working balance.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/78.Accounts

78. Accounts

The Organization shall maintain proper accounts and records and shall prepare a statement of accounts in respect of each year or of such other period as the Minister may direct.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/79.Audit

79. Audit

(1) The accounts of the Organization shall be audited annually by the Auditor General.

(2) The Auditor General or an officer delegated by him shall at all reasonable times have access to the books, accounts and other documents of the Organization and may, for the purposes of an audit, call for such explanation and information as he may require or examine any principal or other officer of the Organization.

(3) The Board shall forward to the Minister a copy of the auditor's report and any observations together with an audited copy of the accounts of the Organization. The Minister may direct the Board to send a copy of the auditor's report and of any statement of accounts to any Government department and such statement of accounts to the Auditor General as necessary.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/80.Annual Report

80. Annual Report

The Board shall submit to the Minister an annual report of the work and activities of the Organization before 30 June the following year unless otherwise extended by the Minister.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/81.Annual report and audited accounts

81. Annual report and audited accounts

The annual report and the audited accounts of the Organization shall be laid before each House of Parliament.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/82.Valuation of assets and liabilities

82. Valuation of assets and liabilities

The Board shall, at intervals of five years, cause an actuarial review to be carried out on the working of the schemes provided under this Act, involving a valuation of the assets and liabilities of the Organization, and such report shall be submitted to the Minister:

Provided that it shall be open to the Minister to direct that such actuarial review and valuation be made at such other times as he may consider necessary.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/83.Constitution of Social Security Appellate Board

Part V ADJUDICATION OF DISPUTE AND CLAIMS

83. Constitution of Social Security Appellate Board

(1) The Minister shall, by notification in the Gazette constitute a Social Security Appellate Board (referred to as "the Board" in this Part) for such State or area as may be specified in the notification.

(2) The Board shall consist of a Chairman and two assessors.

(3) A person shall be qualified for appointment as Chairman of the Board if--

(a) he is a citizen; and 

(b) for ten years preceding his appointment he has been a member of the Judicial and Legal Service of the Federation or an advocate and solicitor of the High Courts in Malaysia. 

(4) The Chairman shall be appointed by the Minister on such terms and conditions as may be specified by him.

(5) The two assessors shall represent employers and employees and shall be selected by the Chairman from the panel of persons appointed under subsection (6).

(6) The Minister shall, after consultation with such organizations representing employers and employees respectively as he thinks fit, appoint a panel of such number of persons as he deems appropriate to serve as assessors.

(7) (Deleted by Act A1232).

(8) (Deleted by Act A1232).

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/84.Matters to be decided by the Board

84. Matters to be decided by the Board

(1) If any question or dispute arises as to--

such question or dispute subject to subsection (3) shall be decided by the Board in accordance with this Act.

(2) Subject to subsection (3), the following claims shall be decided by the Board, namely:

(3) If in any proceedings before the Board an invalidity or disablement question arises and the decision of a medical board or appellate medical board has not been obtained on the same and the decision of such question is necessary for the determination of the claim or question before the Board, the Board shall direct the Organization to have the question decided by this Act and shall thereafter proceed with the determination of the claim or question before it in accordance with the decision of the medical board or the appellate medical board.

(4) No Civil Court shall have jurisdiction to decide or deal with any question or dispute mentioned in subsections (1) and (2) or to adjudicate on any liability which, by or under this Act, is to be decided by the Board.

(5) No Civil Court shall have jurisdiction to decide or deal with any question or dispute which, by or under this Act, is to be decided by a medical board or by an appellate medical board.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/85.Institution of proceedings, etc.

85. Institution of proceedings, etc.

(1) Subject to this Act and any regulations made thereunder, all proceedings before the Board shall be instituted in the Board appointed for the area in which the insured person was working at the time the question or dispute arose.

(2) The Minister may transfer any matter pending before any Board in a State or area to any such Board in another State or area.

(3) The Board to which any matter is transferred under subsection (2) shall continue the proceedings as if they had been originally instituted in it.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/86.Commencement of proceedings

86. Commencement of proceedings

(1) The proceedings before a Board shall be commenced by application.

(2) Every such application shall be made within a period of three years from the date on which the cause of action arose.

(3) For the purpose of subsection (2)--

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/87.Powers of Social Security Appellate Board

87. Powers of Social Security Appellate Board

(1) The Board shall have all the powers of a Sessions Court Judge for the purposes of summoning and enforcing the attendance of witnesses, compelling the discovery and production of documents and material objects, administering oath and recording evidence.

(2) The Board shall follow such procedure as may be prescribed by regulations.

(3) All costs incidental to any proceedings before a Board, shall, subject to such regulations as may be made in this behalf, be in the discretion of the Board.

(4) An order of the Board shall be enforceable as if it were a judgment of a Sessions Court notwithstanding that the same may be in respect of an amount in excess of the ordinary jurisdiction of the said Court.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/88.Appearance by legal practitioners, etc.

88. Appearance by legal practitioners, etc.

Any application, appearance or act required to be made or done by any person to or before a Board (other than appearance of a person required for the purposes of his examination as a witness) may be made or done by a legal practitioner or by an officer of a registered trade union authorized in writing by such person or with the permission of the Board, by any other person so authorized.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/89.Benefit not admissible unless claimed in time

89. Benefit not admissible unless claimed in time

A Board shall not direct the payment of any benefit to a person unless he has made a claim for such benefit in accordance with the regulations made in that behalf and section 86:

Provided that if the Board is satisfied that there was reasonable excuse for not making a claim for the benefit within the prescribed period, it may direct the payment of the benefit as if the claim had been made in time.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/90.Reference to High Court

90. Reference to High Court

A Board may submit any question of law for the decision of the High Court and if it does so shall decide the question pending before it in accordance with such decision.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/91.Appeal

91. Appeal

(1) Save as expressly provided in this section, no appeal shall lie from an order of the appellate boards set up by or under this Act.

(2) An appeal shall lie to the High Court from an order of an appellate board set up by or under this Act if it involves a substantial question of law.

(3) The period of limitation for an appeal under this section shall be sixty days from the date the order is made.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/92.Stay of payment pending appeal

92. Stay of payment pending appeal

Where the Organization has presented an appeal against an order of the Board, that Board may, and if so directed by the High Court shall, pending the decision of the appeal, withhold the payment of any sum directed to be paid by the order appealed against.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/93.Punishment for false information

Part VI PENALTIES

93. Punishment for false information

Where any person, for the purpose of causing any increase in payment or benefit under this Act, or for the purpose of causing any payment or benefit to be made where no payment or benefit is authorized by or under this Act, or for the purpose of avoiding any payment to be made by himself under this Act, or enabling any other person to avoid any such payment--

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/94.Punishment for failure to pay contributions, etc.

94. Punishment for failure to pay contributions, etc.

If any person--

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/94A.Court's order in respect of contributions due and payable to the Organization

94A. Court's order in respect of contributions due and payable to the Organization

(1) Upon any person being found guilty of any offence under paragraph 94(a), the Court before which the person is found guilty shall order such person to pay to the Organization the amount of any contributions, together with any interest credited on it, due and payable to the Organization and certified by the authorized officer of the Organization to be due from such person prior to the date of such finding of guilt, and the certificate of the authorized officer shall be prima facie evidence of the amount due and payable.

(2) Such contributions shall be recoverable in the same manner as, and shall be appealable as if it were, an order for payment of compensation under section 426 of the Criminal Procedure Code [Act 593], except that where the Court directs payment of the sum to be made by instalments, the Court shall direct that the sum be paid in not more than six instalments.

(3) Upon any person being found guilty of any offence under paragraph 94(e)pertaining to the submission of an accident report, the Court before which the person is found guilty shall order such person to submit the required accident report within the time to be determined by the Court.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/94B.Trial for more than one offence

94B. Trial for more than one offence

Notwithstanding the provisions of any written law to the contrary, any person may be charged with and tried at any one trial for any number of offences under paragraph 94(a) not exceeding thirty-six and such offences shall, for the purposes of the law for the time being in force relating to criminal procedure, be deemed to form part of the same transaction.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/94C.Copy of entry to be prima facie evidence

94C. Copy of entry to be prima facie evidence

In any legal proceeding, a copy of an entry in the accounts of the Organization duly certified under the hand of an authorized officer of the Organization shall be prima facie evidence of such entry having been made and of the truth of the contents thereof.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/95.Prosecution

95. Prosecution

(1) No prosecution shall be instituted for an offence under this Act or any regulations made under this Act except by or with the consent in writing of the Public Prosecutor.

(2) (Deleted by Act A1232).

(3) (Deleted by Act A675).

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/95A.Compounding of offences

95A. Compounding of offences

(1) The Director General or any officer authorized in writing by the Dirtector General may compound any offence committed by any person under this Act or the regulations made under this Act and prescribed by the Minister to be a compoundable offence by regulations made under this Act by making a written offer to the person suspected to have committed the offence to compound the offence upon payment to the Director General of an amount of money not exceeding fifty percent of the amount of maximum fine for that offence within the time specified in the offer.

(2) An offer under subsection (1) may be made at any time after the offence has been committed, but before any prosecution for it has been instituted, and if the amount specified in the offer is not paid within the time specified in the offer or within such extended period as the Director General may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.

(3) If an offence has been compounded under subsection (1), no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made and any thing seized in connection with the offence may be released or forfeited by the Director General, subject to such terms and conditions as he thinks fit.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/96.Insured person not entitled to more than one benefit

Part VII MISCELLANEOUS

96. Insured person not entitled to more than one benefit

(1) An insured person shall not be allowed to receive, for the same period and in respect of the same disablement, invalidity pension and permanent disablement benefit.

(2) Where a person is entitled to both benefits, he may choose which benefit he shall receive for that period.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/96A.Dependant not entitled to both survivor's pension and dependants' benefit for the same period

96A. Dependant not entitled to both survivor's pension and dependants' benefit for the same period

(1) A dependant shall not be allowed to receive, for the same period in respect of the same insured person, survivors' pension and dependants' benefit.

(2) Where a dependant is entitled to both survivors' pension and dependants' benefit, he may choose to receive the benefit which is payable at the higher rate.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/97.Exemption of industry or class of industries

97. Exemption of industry or class of industries

The Minister may, by notification in the Gazette and subject to such conditions as may be specified in the notification, exempt any industry or class of industries in any specified area from the operation of this Act for a period not exceeding one year and may from time to time by like notification renew any such exemption, for periods not exceeding one year at a time.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/98.Exemption of persons or class of persons

98. Exemption of persons or class of persons

The Minister may, by notification in the Gazette and subject to such conditions as he may deem fit to impose, exempt any person or class of persons employed in any industry or class of industries to which this Act applies from the operation of the Act.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/99.Organization to make representation

99. Organization to make representation

No exemption shall be granted or renewed under sections 97 and 98, unless a reasonable opportunity has been given to the Organization to make any representation it may wish to make in regard to the proposal and such representation has been considered by the Minister.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/100.Exemption of industries belonging to Government or local authority

100. Exemption of industries belonging to Government or local authority

The Minister may, by notification in the Gazette and subject to such conditions as may be specified in the notification, exempt any industry or class of industries belonging to the Federal Government or any State Government or any local authority or statutory authority, from the operation of this Act, if the employees in any such industry or class of industries are otherwise in receipt of benefits substantially similar or superior to the benefits provided under this Act.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/101.Exemption from one or more provisions of the Act

101. Exemption from one or more provisions of the Act

The Minister may, by notification in the Gazette, exempt any employee or class of employees in any industry or class of industries from one or more of the provisions relating to the benefits provided under this Act.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/102.Contributions, etc., due to Organization to have priority over other debts

102. Contributions, etc., due to Organization to have priority over other debts

There shall be deemed to be included among the debts which, under any written law relating to insolvency in force in the country, are in the distribution of the property of the insolvent or in the distribution of the assets of a company being wound up, to be paid in priority to all other debts, the amount due in respect of any contribution or any other amount payable under this Act the liability wherefor accrued before the date of the order of adjudication of the insolvent or the date of the winding up.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/103.Exercise of powers and functions of the Organization

103. Exercise of powers and functions of the Organization

All powers and functions which may be exercised by the Organization under this Act shall be exercised by the Director General or by any officer of the Organization authorized by him or by an authority authorized by the Minister.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/103A.Disposal of documents after more than three years

103A. Disposal of documents after more than three years

(1) The Director General may authorize any paper-based document belonging to the Organization to be copied onto an electronic medium by such means as to ensure that the exact image of that document is capable of being viewed, reproduced and copied.

(2) Where a paper-based document has been copied in accordance with subsection (1), the Director General may authorize the disposal of the paper-based document after the expiry of a period of three years from the making of such electronic copy.

(3) A copy of the document kept on an electronic medium in accordance with subsection (1) shall be admissible as evidence of any fact stated in it in accordance with section 90a of the Evidence Act 1950 [Act 56].

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/104.Omitted or Deleted Section

104. Omitted or Deleted Section

(Deleted by Act 478).

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/105.Power of the Minister to make regulations

105. Power of the Minister to make regulations

(1) The Minister may make regulations, not inconsistent with this Act, for the administration of the affairs of the Organization and for carrying into effect this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely--

(i) (Deleted by Act A675); 

(ii) (Deleted by Act A675); 

(iii) the manner in which any contribution payable under this Act shall be assessed and collected; 

(iv) the levy of interest at a rate not less than six per cent per annum on contributions due but not paid subject to the minimum of five ringgit in respect of each month or part of a month in default beyond the due date and the conditions under which such levy may be waived; 

(v) the interest payable in respect of the amount payable towards invalidity grants; 

(vi) reckoning of wages for the purpose of fixing the contribution payable under this Act; 

(vii) the certification of disability and eligibility for any cash benefit; 

(viii) the method of determining the actuarial present value of periodical payments; 

(ix) the assessing of the money value of any benefit which is not a cash benefit; 

(x) the time within which and the form in which any claim for a benefit may be made and the particulars to be specified in such claims; 

(xi) the circumstances in which an employee in receipt of disablement benefit may be dismissed, discharged, reduced or otherwise punished; 

(xii) the manner in which and the place and time at which any benefit shall be paid; 

(xiii) the method of calculating the amount of cash benefit payable and the circumstances in which and the extent to which commutation of disablement and dependants' benefits, may be allowed and the method of calculating the commutation value; 

(xiv) the conditions under which any benefit may be suspended; 

(xv) the conditions to be observed by a person when in receipt of any benefit and the periodical medical examination of such persons; 

(xvi) the visiting of disabled persons; 

(xvii) the appointment of medical practitioners for the purpose of this Act, the duties of such practitioners and the form of medical certificates; 

(xviii) the penalties for breach of regulations by fine (not exceeding two days' wages for a first breach and not exceeding three days' wages for any subsequent breach) which may be imposed on employees; 

(xix) the circumstances in which and the conditions subject to which any regulations may be relaxed, the extent of such relaxation and the authority by whom such relaxation may be granted; 

(xx) the returns and reports to be submitted and the registers or records to be maintained by the principal and immediate employers, the forms of such returns, reports, registers or records and the times at which such returns and reports be submitted and the particulars which such returns, registers and records shall contain; 

(xxa) offence which may be compounded and the procedure for compounding offences; 

(xxi) the duties and powers of Inspectors and other officers and servants of the Organization; 

(xxia) the constitution of medical boards, including the Special Medical Board; 

(xxii) the constitution of the Social Security Appellate Boards and Appellate Medical Boards, the qualifications of persons who may be appointed chairman and members thereof, and the conditions of service of such chairman and members; 

(xxiii) the procedure to be followed in proceedings before the Social Security Appellate Boards and Appellate Medical Boards and the execution of decisions by such Appellate Boards; 

(xxiv) the fee payable in respect of applications made to the Social Security Appellate Boards, the cost incidental to the proceedings in such boards, form in which applications should be made to them and the particulars to be specified in such applications; 

(xxv) the establishment of hospitals, dispensaries and other institutions, the allotment of insured persons to any such hospital, dispensary or other institution in consultation with the Ministry of Health; 

(xxvi) the scale of medical benefit which shall be provided at any hospital, clinic, dispensary or institution, the keeping of medical records and the furnishing of statistical returns; 

(xxvii) the nature and extent of the staff, equipment and medicines that shall be provided at such hospitals, dispensaries and institutions; 

(xxviii) the procedure to be followed in remitting contributions to the Organization; 

(xxix) the registration of industries; 

(xxx) matters which must be covered by the periodical valuation of the assets and liabilities of the Organization; 

(xxxi) the investment of the Social Security Fund and its transfer or realisation, the bank or banks in which the funds of the Organization may be deposited, the raising and repayment of loans and financial control and procedures in consultation with the Minister of Finance; 

(xxxia) the imposition of a fee or a charge for providing any information or document which is in the custody of the Organization; and 

(xxxii) any matter in respect of which regulations are required or permitted to be made by this Act. 

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/106.Duty of Board to review benefits

106. Duty of Board to review benefits

Without prejudice to section 59I, when substantial changes in the general level of earnings result from substantial changes in the cost of living, the Board shall examine the situation on the basis of an actuarial valuation made under section 82 and shall make recommendations to the Minister to adjust the Scheme of Social Insurance in order to maintain the real value of certain cash benefits. The recommendations of the Board, which shall be accompanied by the actuarial report and shall take account of Government social policy, may include--

(a) proposals for a new scale of wage classes and of contributions; 

(b) proposals for changes in the rates of specified cash benefits including the rates of pensions already in payment; and 

(c) extension of benefits. 

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/106A.Rates of benefit

106A. Rates of benefit

The rates of benefits as stipulated in sections 20, 20A, 30 and in the Fourth Schedule shall apply to all benefit cases in payment as at the date of coming into force of these rates:

Provided that any benefits and additions to benefits already provided by law shall be deducted from the new recomputed rates as provided by those sections:

And provided further that this section shall not affect any case where the benefit already paid is more than the new recomputed rates:

And provided further that in the case where the insured person who is in receipt of invalidity pension dies before 1 February 1986, the amount of the monthly rate of invalidity pension for the purposes of survivors' pension under section 20A shall be the amount the deceased insured person is entitled to had he been alive in the month of January 1986.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/107.Addition of benefits

107. Addition of benefits

Any other benefits may be added to the benefits provided by this Act, subject to such scale and terms and conditions as may be provided by law; and such law shall form part of this Act.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/108.Power to remove difficulties

108. Power to remove difficulties

(1) If any difficulty arises in giving effect to this Act, the Minister of Human Resources or the Minister of Finance, may, by order published in the Gazette, make such provisions or give such directions, not inconsistent with the provisions of this Act, as appear to him to be necessary or expedient for removing the difficulty.

(2) Any order made under this section shall have effect notwithstanding anything inconsistent therewith in any regulations made under this Act.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/108A.Joint and several liability of directors

108A. Joint and several liability of directors

Where any sum of money by way of contributions together with any interest due thereon remain unpaid by a company, a firm or an association of persons, then, notwithstanding anything to the contrary in this Act or any other written law, the directors of such company including any person who was a director of such company during the period in which the contributions were payable, or a member of such firm including any person who was a member of the firm during the period in which the contributions were payable or the office-bearers of such association of persons, including any person who was an office-bearer of such association during the period in which the contributions were payable, shall together with the company, firm or association of persons be jointly and severally liable for the contributions together with interest due and payable thereon to the Organization.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/109.Recovery of contribution, etc.

109. Recovery of contribution, etc.

Without prejudice to any other method of recovery of contribution or other sum payable or recoverable under the provisions of this Act, any debt due to the Organization may be recoverable as if it is an arrear of land rent or an arrear of a sum payable to a local authority:

Provided that this section shall not become operative in a State until adopted by the Legislature of that State.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/110.Powers of Director General

110. Powers of Director General

(1) For the purposes of this Act, the Director General and such other officers of the Organization as may be authorized by him in this behalf shall have all the powers of a Sessions Court Judge for the summoning and examination of employers, insured persons, witnesses and other persons and the administration of oaths or affirmations and for compelling the production of documents and material objects.

(2) Any person who in any way wilfully obstructs the service of or obedience to any summons and any person summoned who neglects to attend and to produce documents as required in such summons shall be punishable with imprisonment for a term which may extend to two years, or with a fine not exceeding ten thousand ringgit, or to both.

(3) The Director General or such other officer authorized by him shall be deemed to be a public servant within the meaning of the Penal Code.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/111.Organization to deal with authorized person

111. Organization to deal with authorized person

(1) In all matters pertaining to benefits under this Act, the Organization may deal directly with the insured person or his dependants, or an official of a registered trade union authorized in writing by such insured person or his dependants, or a legal practitioner representing such insured person or his dependants.

(2) The Organization may refuse to entertain any representation made by any other person.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/112.Benefit for two or more successive accidents

112. Benefit for two or more successive accidents

(1) Where a person sustains permanent disablement as a result of two or more successive accidents, he shall not for the same period be entitled to receive disablement benefit for permanent disablement in excess of the daily rate for permanent total disablement.

(2) The Minister may make regulations to provide for adjusting the disablement benefit payable in respect of successive accidents or the conditions for the receipt of such benefit in any case where the disablement benefit has been commuted into a lump sum.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/112A.Electronic submission of documents

112A. Electronic submission of documents

(1) Subject to subsection (2), the Organization may allow any returns, statements, particulars, records, notice, reports, register or other documents required to be submitted or furnished under this Act or regulations made under this Act by an electronic medium or by way of an electronic transmission.

(2) The conditions and specifications under which the returns, statements, particulars, records, notice, reports, register or other documents referred to in subsection (1) are to be submitted or furnished shall be as determined by the Organization.

(3) The returns, statements, particulars, records, notice, reports, register or other documents referred to in subsection (1) shall be deemed to have been submitted or furnished by a person to the Organization on the date the acknowledgment of receipt of such documents is transmitted electronically by the Organization to the person.

(4) The acknowledgment of receipt by the Organization, returns, statements, particulars, records, notice, reports, register or other documents submitted or furnished pursuant to subsection (3) shall be admissible as evidence in any proceedings.

Unannotated Statutes of Malaysia - Principal Acts/EMPLOYEES' SOCIAL SECURITY ACT 1969 Act 4/EMPLOYEES' SOCIAL SECURITY ACT 1969 ACT 4,,/First Schedule.