Employees ' Social Security Act 1969

Original Language Title: Employees' Social Security Act 1969

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004b.fm law REPRINT MALAYSIA PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 in COLLABORATION with MALAYAN LAW JOURNAL SDN BHD and PERCETAKAN NASIONAL MALAYSIA BHD 2006 Act 4 the EMPLOYEES SOCIAL SECURITY ACT 1969 Contains all amendments to 1 January 2006 004b.fm Page 1 Monday, March 27, 2006 11:57 AM PREPARED for PUBLICATION by the MALAYAN LAW JOURNAL SDN BHD and PRINTED by PERCETAKAN NASIONAL MALAYSIA BERHAD KUALA LUMPUR BRANCH 2006 2 SOCIAL SECURITY ACT EMPLOYEES 1969 date of Assent......... 2 April 1969 date of publication in the Gazette of ... ... more 10 April 1969 the English text is authentic text.................. P.u. (B) 80/1969 REPRINT BEFORE Reprinting the first......... 1992 Reprint the second......... 1999 004b.fm Page 2 Monday, March 27, 2006 11:57 AM Employee 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. Definition Of PART II INSURANCE And CONTRIBUTIONS 3. Application 4. Enterprise registration 5. All employees must be insured 6. Contribution to 7. The principal employer shall lead contribution payment 8. Get back the contribution of employers direct 9. General provisions as to the contribution payment no.9A. Contribution if the enterprise or workers not insured or registered a 9B. Confirmation that the contributions collected 10. How to make contributions 11. The employer shall provide and maintain express statement in the particular case 12. The Inspector, the functions and duties of their 004b.fm Page 3 Monday, March 27, 2006 11:57 AM 4 laws of Malaysia ACT 4 Section 12A. Power to inspect and search 12B. Obstacles to the exercise of power by Inspector 12 c. The authority to examine people 13. Fix contributions in the case of certain 13A. The authority of the Director-General requested information and application for the search warrant 14. Demanding contributions 14A. Interest on outstanding contributions PART III BENEFITS 15. Interest 16. When the person is considered to be suffering from total 17. When the insured is entitled to the invalidity pension 17A. Requirements for pension penakat 18. (Cut) 19. Payment of invalidity pension 20. Invalidity pension 20A. Pension penakat 20B. (Cut) 21. Invalidity assistance 22. Benefits of disability 23. Presumption as to accidents arising within a 24 jobs. Accidents while traveling 25. The accident occurred when the face of emergency 26. Benefit liabilities 27. (Cut) 28. Athlete Services 29. Benefits management body 30. Always service allowance 31. Liability of employers and pekhidmatnya 004b.fm Page 4 Monday, March 27, 2006 11:57 AM Employee social security 5 Section 32. Determine the question of invalidity or disability forms 32A. Define disease service 33. Reference to a Council of doctors and an appeal to the Council of doctors appeal 33A. The insured died before examining the Cabinet 34 doctors. The results of the survey be repeated by the Cabinet of doctor or doctors congregation 35 appeal. Invalidity pension 36 refresher. Refresher dependants benefits 37. 38. Medical benefits Form 39 medical benefits. The establishment and maintenance of hospital, etc.
40. The power of the Organization to work with the existing establishment or organize steps to health, welfare, etc., of the insured 41. Interest is assignable to any person or detained 42. (Cut) 43. People can not replace the benefits in the form of cash is 44. The person was not entitled to benefit in the particular case 45. Claimant interest disability or invalidity pension shall comply with 46. Disability beneficiaries shall comply with 47. (Cut) 48. The right of association if the main default or negligence of the employer to pay any contribution to 49. Suspension of the invalidity pension of 50. Repay benefits should not be received 51. Payment of the amount of the interest has not been paid when the insured died 52. Employers may not reduce salaries, etc.
53. The employer cannot remove a job or punish an employee during the period of temporary disability 004b.fm Page 5 Monday, March 27, 2006 11:57 AM 6 laws of Malaysia ACT 4 Section 54. Claim interest 55. Report a change of circumstances, etc.
56. The discretion to calculate the period of eligibility and the monthly invalidity pension rate 57. Facilities for physical rehabilitation or vocational 57A. Interest education 57B. The organisation shall be responsible for obtaining and collecting loans repayment of education 57C. Appointment of collection agent PART IV administration, finance and AUDIT 58. The Administration Of The Social Security Plan 59. Chief Executive Officer 59A. The Social Security Organisation 59B. The Establishment Of The Board Of 59C. The Minister shall appoint any person to act as Chairman of the 59D. The Sixth Schedule shall apply to the Board 59E. Cease to be a member of the Board of 59F. Disqualified 59G. The application of the Public authorities Protection Act 1948 59H. Public servants and public servants 59I. The Board enforces the directions of the Minister 59J. Delegation of power 59K. Administrative control over the officers and servants by the Director General 59L. Appointment of officers and servants 59M. Establishment of divisions, office spaces, etc.
59N. Power to resolve the question of staff 59O. Power to make rules staff 59P. The Committee 004b.fm Page 6 Monday, March 27, 2006 11:57 AM Employee Social Security Section 7.59Q The Disciplinary Committee 59R. Disciplinary officer 59S. The Establishment Of A Disciplinary Appeal Board 59T. Power to make rules discipline 59U. The imposition of a surcharge 59V. The Establishment Of The Promotion Board 59W. The Establishment Of The Appeal Board Promotion 60. (Cut) 61. (Cut) 62. (Cut) 63. (Cut) 64. Fees and allowances 65. (Cut) 66. (Cut) 67. (Cut) 68. Social Security Fund 69. Administration Of Fund 70. The receipt of financial assistance, donations, etc.
71. For the purpose of what the Fund can be spent on 72. Expenditures for Administration 72A. Withdrawal from the Fund for loans 73. Administrative expenses are the responsibility of the Government's 74. Hold the property, etc.
75. investment money 75A. 75B Investment Panel. (Cut) 76. Get loan 77. The estimated budget is 78. Account 79. Audit 004b.fm Page 7 Monday, March 27, 2006 11:57 AM 8 laws of Malaysia ACT 4 section 80. Annual report 81. The annual report and audited accounts 82. Valuation of assets and liabilities SECTION V DECIDED DISPUTES and CLAIMS 83. Membership Of The Council Of Appeal Social Security 84. Article for a decision by the Cabinet of 85. Proceedings, etc.
86. An initial proceedings 87. The Power Of The Cabinet Social Security Appeal 88. The presence of through legal practitioners, etc.
89. The benefits shall not be allowed unless claimed within the time supposed to 90. A reference to the High Court of 91. Appeal 92. The payment is suspended pending appeal PART VI PENALTY 93. Penalty for false information 94. Penalty for breach of paying contributions, etc.
94A. Court orders in respect of contributions due and payable to 94B. The trial of more than one offence 94C. A copy of the entries to be prima facie evidence of 95. Prosecution 95A. PART VII MISCELLANEOUS errors Mengkompaunkan 96. The insured shall not be entitled to more than one interest 004b.fm Page 8 Monday, March 27, 2006 11:57 AM Employee social security 9 Section 96A. Dependants are not entitled to both pensions and benefits of dependants penakat for the same period 97. Exemption for enterprises or enterprise class 98. Exemption for a person or class of person 99. The Organization shall make a statement 100. Exemption for enterprises owned by the Government or any local authority 101. Exemption from a provision of this Act or more 102. Contributions, etc., due to the Organization should get priority of other debt 103. Exercise of the powers and functions of the Organisation 103A. Disposal of documents after more than three years 104. (Cut) 105. Power of Minister to make regulations 106. The duty of the Board to repeat the study interest 106A. Interest rate of 107. Additional benefits of 108. Power to eliminate difficulties 108A. Liabilities of the Association and several Director 109. Get reimbursed contributions, etc.
110. The authority of the Director-General of 111. Organizations dealing with authorized 112. Benefits for two or more consecutive FIRST SCHEDULE SECOND SCHEDULE of the THIRD SCHEDULE of the FOURTH SCHEDULE of the FIFTH SCHEDULE of the SIXTH SCHEDULE 004b.fm Page 9 Monday, March 27, 2006 11:57 AM 10 laws of Malaysia ACT 4 section of the SEVENTH SCHEDULE of the EIGHTH SCHEDULE of the NINTH SCHEDULE the TENTH SCHEDULE 004b.fm Page 10 Monday, March 27, 2006 11:57 AM 11 laws of MALAYSIA Act 4 EMPLOYEES ' SOCIAL SECURITY ACT 1969 an act to provide about social security in certain contingencies and to make provision about some other things associated with 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 operation on the date of s e b a g a i m a n a y a n g i n t e r k a t a n o l e h M e n t e r i m e l a l u i a notification in the Gazette, and different dates may be appointed for different provisions of this Act and also for different States or for a different part of it.
Definition 2. In this Act, unless the context otherwise requires —

(1) (struck by A675 Act);
004b.fm Page 11 Monday, March 27, 2006 11:57 AM 12 laws of Malaysia ACT 4 (1A) "Board", except in section V, means the social security Organisation established under section 59B;
(1B) "child" means a child of an insured who died — (a) that is a child under the age of twenty-one years and includes — (i) the child is born after the death of his father, stepchildren liabilities and its illegal status of the insured; and (ii) the child is taken to be adopted by re insurance under any written law relating to adoption or any custom or generally speaking, when the Rapture proved satisfactorily; and (b) of the child, notwithstanding their age, no matter how mentalnya retardation or cease to be disabled physically and unable to bear himself;
(2) "contribution" means the amount of money payable by the primary employer for an employee to insured and includes any monies payable by or on behalf of employees in accordance with the provisions of this Act;
(3) "dependants" means any of the following for brother insured who died, that is to say — (a) the widow or widower, or child; and (b) if there is no widow or widower or child — (i) daughter, if married but not yet an adult, or if being a widow but a minor;
(ii) the brother or sister who is a minor, unmarried sister or a minor who has become a widow;
(iii) the daughter-in-law who became a widow; (iv) the son of a minor to a son, who died before the insured dies;
004b.fm Page 12 Monday, March 27, 2006 11:57 AM social security Employees 13 (v) the son of a minor to a daughter who died before the insured dies if the child's father is dead;
(vi) the mother or father; or (vii) the grandmother or grandfather, if parents insured is dead;
(c) (Cut by the Act A814).
Provided that the Minister may give any directions it considers necessary to overcome distress any other relative of the insured that the dead include a widower invalidity;
(4) "properly appointed" means appointed in accordance with the provisions of this Act or the rules or regulations made thereunder;
(5) "employee" means a person employed with paid under a contract of service or apprenticeship contract with an employer, whether the contract is expressed or implied or by oral or in writing, in or in connection with ker AC sesua tu enterprises against whom this Act applies and — (i) the person is employed directly by the main employer in any industrial work , or incidental to or to start with for or relating to industrial work, whether the work performed by that employee the enterprise premises or elsewhere; or (ii) such person is employed by or through an employer directly to industrial premises or under the supervision of major employers or agents in work which usually is part of the enterprise or work that was the beginning for work carried out in or incidental to the purposes of the enterprise; or (iii) the person's service was borrowed or rented out for temporary home to the employer by a person with it people who rent out the extra seconded or have made a contract of service, 004b.fm Page 13 Monday, March 27, 2006 11:57 AM 14 laws of Malaysia ACT 4 but does not include a person who is described in the first schedule;
(6) "disaster work" means the disaster at one its employees due to an accident or a disease services arising from the exercise of her employment in an enterprise against whom this Act applies;
(6A) "Fund" means the Social Security Fund established under section 68;
(7) (Cut by the A590 Act);
(7A) (struck by A675 Act);
(8) "the Government" means the Government of Malaysia;
(9) "direct employer", in relation to the employee who is employed by or through it, means a person who has been willing to carry out major employers place premises conducting a trade or business, profession, or occupation, or vokasion under the supervision of major employers or agents, all or part of any work that usually is part of a trade or business, profession, or occupation of the main vokasion the employer or was the beginning for work carried out in , or incidental to the purposes of, any trade or business, profession, or occupation of the vokasion, and includes a person who has made a contract of service with an employee and lend or rent for a while the employee service to major employer;
(10) "enterprise" means any business, trade, industry, perki langan or peker jaan Maj. Gen. fish, and includes any employment, services, carpentry hand or work of enterprise employees;
(10A) "Inspector" means a person the inspector appointed under section 12 and includes the Director-General and every Deputy Director General;
(11) "insured" means an employee of which contributions are due or have been wrong or may be payable under this Act, even if the enterprise or 004b.fm Page 14 Monday, March 27, 2006 11:57 AM social security Employees 15 employees that have not registered such, as long as the enterprise is an enterprise to which this Act applies;
(12) "Minister" means the Minister responsible for human resources;
(13) "youth" means a person currently has not reached the age of twenty-one years;
(14) "month" means the month calculated according to the Gregorian calendar;
(15) the expression "residents" and "factory" shall each have the meaning assigned to it in the factories and machinery Act 1967 [Act 139];
(16) "Organization" means the social security organisation;
(17) "permanent partial disability" means a disability lasting up to reduce the disabled earn a living an employee in all jobs that are willing it undertook at the time of the accident resulting in the disability: provided that every disaster specified in part II of the Second Schedule shall be deemed to result in permanent partial disability;
(18) "direct permanent disability" means any lasting disability to eliminate disabled an employee to carry out all the work it undertook at the time of the accident can be as a result of the disability: provided that the direct permanent disability shall be deemed to be caused by every disaster set out in part I of the second schedule or by a mixture of natural disasters specified in part II of the schedule that if all per cent disability living , as specified in part II of the appearing with such disasters, amounting to one hundred percent or more;
(19) "primary employer" means the owner of a enterprise or person whom an employee had made a 004b.fm Page 15 Monday, March 27, 2006 11:57 AM 16 laws of Malaysia ACT 4 a contract of service or apprenticeship contract and includes — (a) the Manager, agent or person in charge of paying the salary of an employee;
(b) the residents of a factory; (c) the legal representative of the law for the owner or occupier who died; (d) any Government in Malaysia, Department of any such Government, local authority or statutory body and, if an employee is employed by any Government Department, authority or the body or by any officer on behalf of any Government Department, authority or body, the officer under which employee is working: provided that no person can own the officer liable under this Act for anything done or not done in good faith by him as a officer of that employer;
(20) "rule" means a rule made by the Minister;
(21) (Cut by the Act A450);
(22) "Schedule" means a Schedule to this Act;
(23) "temporary disability" means a condition caused by a disaster work that requires treatment the doctor and cause an employee, as a result of the disaster, unable to temporarily make the work made by him before or at the time of the disaster;
(24) "wages" means all remuneration payable with money by the employer to the employee including any costs in respect of holidays, holiday, overtime, and additional works on a public but does not include — (a) any contribution payable by the employer or the employer directly to any pension fund or Provident Fund, or under this Act;
004b.fm Page 16 Monday, March 27, 2006 11:57 AM Employee social security 17 (b) any travelling allowance or the value of any travel concession;
(c) any sum of money paid to an employee to pay for special expenses incurred as a result of his employment;
(d) any remuneration payable when work or retired;
(e) annual bonus;
(f) any other remuneration prescribed.
PART II INSURANCE And CONTRIBUTION Application 3. (1) this Act shall apply to all enterprises that have a member of staff or more.
(2) in this section, "employee" includes any employee employed by the employer at all.
Registration of enterprise

4. every enterprise against whom this Act applies shall be registered with the Organization in time and in the manner specified in the regulations.
All employees must be insured 5. Subject to this Act, all employees in the enterprise against whom this Act applies shall be insured in the manner provided by this Act.
Contribution to 6. (1) contributions payable under this Act for an employee are made up of contributions payable by the employer (hereinafter referred to as the employer's contribution) and contributions payable by employees (hereinafter referred to as the employee's contribution) and shall be paid to the organisation.
004b.fm Page 17 Monday, March 27, 2006 11:57 AM 18 laws of Malaysia ACT 4 (2) contributions shall be divided into two types of the following, namely: (a) the first type of contribution, which is a contribution to be paid by or on behalf of employees who are insured against invalidity contingencies and disaster work; and (b) the second type of contribution, which is a contribution to be paid by or on behalf of employees insured only against catastrophic contingencies work.
(3) every kind of contribution shall be paid according to the rates specified in the third schedule.
(4) the first type of Contribution to be paid by employers and employees in accordance with their respective part thereof as specified in part I of the third schedule.
(5) the second type of Contributions shall be paid everything by the employer.
(6) the Minister, after consultation with the Minister of finance may, mela lu i pember i da lam's News Gazette, amend, add to, modify or review the contribution rate set out in the third schedule.
(7) a month is counting period for which all contributions payable under this Act.
(8) contributions payable for every one month shall normally be payable on the day of the end of the month, and if an employee employed by the employer for part of a month, contributions that month shall be payable on the day the end he employed by that employer in that month.
(9) If two or more contributions are paid in respect of the insured the same for the same month, the contributions shall be calculated as a single monthly contributions.
(10) in calculating the average salary is presumption for the purpose of calculating the rate of pension or interest payable under this Act, two or more monthly contributions paid in respect of the insured the same for the same month shall be calculated as per the monthly single 004b.fm Page 18 Monday, March 27, 2006 11:57 AM 19 Workers social security equivalent to the aggregate of the salary assuming different intended by the contribution : provided that if the aggregate of the different assumption monthly salary equal to the different contributions in excess of the monthly salary expectation maximum, then the salary assumption should be the maximum salary.
Major employers shall advance payment of contributions 7. (1) the principal Employer shall pay the employee contributions and employer contributions both for each employee, whether employed directly by him or by a direct employer.
(2) Notwithstanding anything contained in any other law but subject to this Act and the regulations, if any, major employer was, about an employee who is employed directly by him, be entitled to obtain from the employee employee contributions by cutting from his salary but not in other ways: provided that there are any such deduction can be made from any wages except wages payable period or portions of which contributions are payable or more of the employees for the period.
(3) Notwithstanding anything contained in any contract to the contrary, the employer or the employer was not entitled to deduct the direct employer contributions from any wages payable to an employee or get the contribution thereof by any other means.
(4) any sum deducted by employers of wages under this Act shall be deemed to have delegated to it by the employee for the purpose of paying contributions therefore that money has been cut.
Get back the contribution of employers direct 8. (1) a major employer, which paid a contribution for an employee employed by him or through 004b.fm Page 19 Monday, March 27, 2006 11:57 AM 20 laws of Malaysia ACT 4 a direct employer, is entitled to recover money it paid contributions (i.e. employer contributions and employee contributions whatsoever, if any) of the employer directly, either by cutting the money from any money payable to him by the employer under any contract , or as a debt due by the employer direct it.
(2) in the case referred to in subsection (1), the employer is entitled to recover direct contributions employees from employee employed by him or through it by deleting from the salary and not by any other means, subject to subsection 7 (2).
General provisions as to the payment of contributions 9. (1) contributions (i.e. employer contributions and employee contributions) shall be paid by the employer for every month for the whole or part of salary due to the employee and not for any month or part month to another.
(2) (struck by A675 Act).
Contribution if the enterprise or workers not insured or registered no.9A. Contributions shall be payable in respect of an employee starting from the month they enter employment and contribution is payable even if the enterprises to which this Act applies or employee or both uninsured or registered with the Organization: provided that the employer has paid the arrears of contributions in respect of an employee shall only be entitled to reimbursement of salary payable notwithstanding the proviso to subsection 7 (2) employee contribution portion due within six months past the end of the prior the date of payment.
Confirmation that the contributions collected a 9B. Any contributions collected by the establishment, for an employee who is not registered for the purposes of insurance under 004b.fm Page 20 Monday, March 27, 2006 11:57 AM social security employees 21 of this Act for any period prior to 1 July 1987 are hereby validated and declared to have been collected legally on the side of the law.
How to make contributions 10. Subject to this Act, the Minister may make regulations for any matter related to or incidental to the payment and collection of contributions payable under this Act and without prejudice to the generality of the powers aforesaid regulations may make provision as to — (a) the manner and time of payment of contributions;
(b) the payment of contributions, either by cash or cheque or any other means of payment;
(c) the date until when evidence of contributions paid will be accepted by the establishment;
(d) the entries in the manner approved items in or on books, forms of contributions paid and benefits are divided about the insured related to books or the form; and (e) the production, sale, storage, production, inspection and delivery of materials, books, or form or replacement materials, book or form has been lost, destroyed or mutilated.
The employer shall provide and maintain express statement in the particular case 11. (1) every employer and employer direct shall serve to the organisation or to any officer of the Organization as may be directed by any statement in such form and contain such particulars as may be specified in the regulations made for this purpose in respect of the person employed by him or in respect of 004b.fm Page 21 Monday, March 27, 2006 11:57 AM 22 laws of Malaysia ACT 4 any enterprise with which he was the main employer or employer direct.
(2) If, on an enterprise, organization has reason to believe that a statement should have been delivered pursuant to subsection (1) but not delivered, the organization may require any person who heads the enterprise provide any details which in its opinion is necessary for the purpose of enabling the Organizations decide whether enterprise i tu is an enterprise with which this Act applies.
(3) every employer and direct employers shall maintain a register or record on fry the chips as required by regulations made for this purpose.
Inspectors, functions and their duties 12. (1) the Minister may appoint any person as an Inspector thought that should, 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 granted under this Act.

(3) an Inspector shall be subject to the direction and control of the Director General or any officer or other servants Organization authorized by the Director-General to act on behalf of the Director General, and any other Inspector rank higher than Pemer SMEs a i t u, and want to be men AC l anka n power, its functions and meet their obligations under this Act to comply with all instructions , indicators, conditions, restrictions or limitations as determined orally or in writing, either generally or in any particular case or cases, by the Director General, or an officer or servants Organization authorized to act on behalf of the Director-General, or any other Inspector rank higher than the Examiner.
(4) the Director General and Deputy Director-General shall have all the powers of a person the Inspector.
004b.fm Page 22 Monday, March 27, 2006 11:57 AM 23 Workers social security the authority to examine 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 to determine whether the provisions of this Act or the regulations or rules made thereunder are being or have been complied with;
(b) at any reasonable time enter any premises or place occupied by any employer or employers direct for the purpose of examination and investigation of such;
(c) examining major employer or employer directly or pekhidmatnya or agent or any person found in such place or premises or any person that Inspectors have reasonable cause to believe is an employee or served as an employee;
(d) make copies of or take extracts from any register, book or other document kept at the premises or that place; and (e) exercise such other powers as may be necessary to implement this Act.
Obstacles to the exercise of power by the Inspector 12B. (1) No person shall — (a) refuses to give any Inspector in the exercise of its powers under section 12A access to any premises or place or any part of the premises or that place;
(b) mengamang preventing menggalang or delay the Inspectors entry entitled done by him;
(c) fails to comply with any request of examiners legal law in exercising its powers under section 12A;
004b.fm Page 23 Monday, March 27, 2006 11:57 AM 24 laws of Malaysia ACT 4 (d) refused to give the Inspector any information that is reasonably required to be required of the person;
(e) not submit to, or hide or attempt to hide from, an Inspector, any property, books or other documents including electronic records related to it Examiner has reasonable grounds to suspect that an offence has been or is being done under this Act; or (f) to provide the Inspector as a true information which he knows or has reason to believe is false.
(2) any person who contravenes subsection (1) commits an offence.
The authority to examine people 12 c. (1) an Inspector who make any inspection or investigation under section 12A may examine orally any person whom he believes knew about the facts and circumstances of the case and may for that purpose called any such person to attend at the time and at the place specified in the summons.
(2) the person examined under subsection (1) shall be bound to answer all questions relating to the case submitted to it by the Inspector who made the inspection, but that person can e n g g a n m e n j a w a r a p a-a p a s o n a l a n y a n g m e m p u n y a i a tendency to expose him to a criminal charge or penalty or forfeiture.
(3) a person who makes a statement under this section shall be legally bound to state the truth, whether or not a statement i t d th ibuat wholly or partly to answer questions.
(4) an Inspector who examines a person under subsection (1) shall first inform that person about subsection (2) and (3).
004b.fm Page 24 Monday, March 27, 2006 11:57 AM 25 Workers social security (5) a statement made by any person under this section shall, where possible, taken in writing and signed by the person making it or affixed with cap head jarinya, as the case may be, after the statement was read out to him in the language of the statement made by him and after he is given the opportunity to make any corrections he wanted.
Fix contributions in particular case 13. (1) an Inspector may began assessing any contribution to be paid by any employer or directly based on any information available, if that employer — (a) does not store or maintain any statement, details, register or any records pertaining to each employee as may be required to be kept or maintained by him under this Act; or (b) not or refuse to produce any statement, details, register or records pertaining to each employee as required under this Act.
(2) the Assessment made under subsection (1) shall be sufficient evidence of the claim Organization to recoup any contribution under section 84 or to get the amount determined through the assessment as a debt due to the organisation under section 14.
(3) any assessment made under this section shall be served either personally or by registered post.
The authority of the Director-General requested information and application for the search warrant 13A. (1) for the purpose of obtaining complete information to determine whether any person liable to pay contributions under this Act, the Director General or any Inspector appointed by the Director-General for 004b.fm Page 25 Monday, March 27, 2006 11:57 AM 26 laws of Malaysia ACT 4 the purpose may by notice in writing require any person — (a) submit to the Director-General or the Inspector within the time specified in the notice any information or particulars as set out in the notice; or (b) appear personally in the presence of the Director-General or the Inspector and submit for examination all books, records and other documents including electronic records that are deemed necessary by the Director General or the Inspector; or (c) submit information or particulars in accordance with paragraph (a) and is also present in accordance with paragraph (b).
(2) any person who fails to comply with subsection (1) commits an offence.
(3) if found by any Magistrate, based on written information made in swear, and after such inquiry as he thinks necessary, that there are reasonable grounds for suspecting that there is in any premises any particular books, accounts, records (including electronic records) or other document, that its production has required pursuant to subsection (1) and which are not submitted in compliance with the requirements i tu i tu, then Magistrate may issue a warrant which authorizes the Director-General or any person named in it , with or without assistants — (a) to search the premises and broke open and search any closets, drawers, Bureau, box, box, package or container, whether a fixture or not, in the premises; and (b) to take possession of, or protect against interference, any books, accounts, records (including electronic records) or other documents appear as books, accounts, records or other documents to its production so required.
Demanding contributions 14. Any contributions or interest payable under this Act can be claimed as a debt due to the organisation.
004b.fm Page 26 Monday, March 27, 2006 11:57 AM 27 Employee social security contributions interest outstanding 14A. If the amount of the monthly contribution or part of any monthly contributions payable by the employer under section 6 is not paid within such period as may be prescribed by regulations, the employer shall be liable to pay interest shall be credited to the Organisation for any amount at any rate can be set by regulations in respect of any period that amount is still not paid.
PART III Benefits 15. Subject to this Act, the insured, their dependants or persons referred to below, as the case may be, shall be entitled to the following benefits, namely: (a) the periodic payments to a person insured in the event of total certified by a cabinet appointed doctor or by the successful completion of an authority specified in the regulations for this purpose (hereinafter referred to as the invalidity pension);
(b) periodic payment to an insured who is suffering from disablement work disaster happens to it when becoming an employee in accordance with this Act and certified as eligible to receive the payment by an authority specified in the regulations for this purpose (hereinafter referred to as the disability benefits);
(c) periodic payment to any dependants of a person insured who died as a result of disaster work going on to it when becoming an employee in accordance with this Act (hereinafter referred to as the benefits of dependants);

004b.fm Page 27 Monday, March 27, 2006 11:57 AM 28 laws of Malaysia ACT 4 (d) the costs for the benefit or expense management body, as the case may be, to the person referred to in section 29 on the death of one insured perils of work happen to it when becomes a worker under this Act or in the time he receives disability benefits under this Act , or someone insured suffering from total and in time he receives invalidity pension under this Act, or a person insured who has not attained the age of 55 years but has even worked during the period of eligibility or reduced entitlement period referred to in subsection 29 (3) and (4) (hereinafter referred to the benefit of the management body);
(e) periodic payment to an insured receiving invalidity pension or disability benefits if and as long as he is unfit or unable to always needs its own by another person (hereinafter referred to as the allowance service, always): provided that the measurement of levels of disability that entitles a person insured that invalidity or disability allowance received service always must be certified by a cabinet appointed doctor or by the successful completion of the Cabinet of doctor appeals or any authority other specified in rule-p e r a t u r a n b a g i m a k s u d i n i n g, m e i k u t c a r r a as prescribed in the regulations;
(f) treatment and doctors against the insured suffering from disability due to disaster work going on to it when becoming an employee in accordance with this Act (hereinafter referred to as the medical benefits);
(g) periodic payments to the dependants of a person insured died while he was still receiving invalidity pension, or the insured who has not attained the age of 55 years but has even worked during the period of eligibility or qualifying period is reduced for pension 004b.fm Page 28 Monday, April 27, 2006 11:57 AM 29 Workers social security referred to in subsection penakat 17A (2) and (3) (hereinafter referred to penakat pension).
When the person is considered to be suffering from total 16. (1) an insured shall be considered as suffering from permanent, if, by reason of a certain State of sickly lasting, he is unable to take part in any activities that generate profit means.
(2) for the purposes of subsection (1) — (a) a situation frail should be deemed sustainable if illness is either incurable or is not possible can be treated;
(b) a person shall be deemed to be unable to take part in activities that bring profit means, if by reason of the condition of the frail swords due to illness or weakness that he was no longer able to earn a living, with work that corresponds to the strength and scale, which, with a view to training and his formerly, can with reasonable conferred upon him at the place of work or in any such place or area in the same district , about one-third of normal income for a person who is of unsound mind and healthy anatomy which has the approval of and training of its kind;
(c) in determining whether the claimant was suffering from permanent, consideration must be given as to any kepulihan remained on the State keilatannya produced or expected to be produced from any energy or vocational rehabilitation measures which may be given to him free of charge by the organization.
When the insured is entitled to the invalidity pension 17. (1) subject to this Act, a person who is suffering from total and as defined in section 16 is, unless he is due the age of fifty-five years, to 004b.fm Page 29 Monday, March 27, 2006 11:57 AM 30 laws of Malaysia ACT 4 receiving invalidity pension if he has even worked during the period of eligibility or a qualifying period is reduced.
(2) a person shall be deemed to have been due to work during the period of entitlement under subsection (1) if — (i) the monthly contributions paid thereon for a period of not less than twenty-four months in forty consecutive months that end before the month of her invalidity in accordance with the provisions of notification regulations; or (ii) the monthly contributions paid thereon for a period of not less than two-thirds of the number of months of monies contained in the period between the date when contributions are first become payable by him under this Act with the month immediately before the month he submit notice of invalidity according to the provisions of the regulations, provided that the total number of monthly contributions paid during the period mentioned above shall be at least twenty-four.
(3) a person shall be deemed to have been due to work during the period of eligibility is reduced under subsection (1) if the monthly contributions paid thereon for a period of not less than one-third of the number of months of monies contained in the period between the date when contributions are first become payable by him under this Act with the month immediately before the month he submit notice of invalidity according to the rules provided that the total number of monthly contributions paid during the period mentioned above shall be at least twenty four.
(3A) if the insured fails to menggenapkan period of entitlement under subsection (2) or (3) and is satisfied that the failure is not due to any mistake insured that or is due to ignorance of the insured, the organization may assume that the eligibility period has been rounded by the insured person if the doctor's Cabinet, established pursuant to section 32, to whom the matter is referred to by the establishment, determined that the cause of the insured person has commenced before the date of the notice of the total received by the Organisation in accordance with the regulations.
004b.fm Page 30 Monday, March 27, 2006 11:57 AM 31 Workers social security (3B) if the Organization has assumed that the qualifying period has been rounded by the insured under s u b s e k s y e n (3 A), m a k a t a r i k h o r r a n g b e r i n s u r a n s i t u notice keilatannya keilatannya date shall be deemed to begin.
(3 c) Notwithstanding the provisions of subsection (2) and (3), the body has the discretion to allow an extended period taken into account for the purpose of determining the qualifying period genapnya insured, and months within the period of credit for which contributions are payable are to be included for the purpose of calculating the number of months for the purposes of that subsection.
(3D) the term "extended period" in subsection (3 c) means the period of the insured receive temporary disability benefits and employers are not paying any salary to the insured person.
(4) If after notice of invalidity of a person insured less because he has not completed any one of the qualifying period, a notice of new invalidity date notice received from it, the new invalidity shall be deemed, for the purposes of subsection (2) and (3), as the date he submit a notice of invalidity.
(5) (Cut by the Act A450).
Requirements for pension penakat 17A. (1) subject to this Act, penakat pension shall be payable when the overdue eligibility or qualifying period is reduced.
(2) an insured person shall be deemed to have died due to work during the period of entitlement under subsection (1) if — (a) the monthly contributions paid respect for not less than twenty-four months in forty consecutive months prior to the month of his death; or (b) the monthly contributions paid respect for not less than two-thirds the number of months-004b.fm Page 31 Monday, March 27, 2006 11:57 AM 32 laws of Malaysia ACT 4 months even contained in the period between the date when contributions are first become payable by it under this Act and the date of his death, provided that the total number of monthly contributions paid during the period mentioned above shall be at least twenty-four.
(3) an insured person who dies shall be deemed to be due the AC te beker over the period to layakan reduced under subsection (1) if the monthly contributions paid respect for not less than one-third the number of months of monies contained in the period between the date when contributions are first become payable by it under this Act and the date of his death, provided that the total number of monthly contributions paid during the period mentioned above shall be at least twenty-four.
18. (Cut by the Act A814).
Payment of invalidity pension 19. (1) the invalidity pension shall accrue from the date of the insured person notice of invalidity according to the rules and shall cease on the day following the day keilatannya stalled or on the day the pensioner dies.
(2) for the purposes of this section, the daily rate is the amount of the invalidity pension shall be the rate of monthly invalidity pension paid or payable to the insured, divided by the number of days in the month the pension accrued or the cause of stalled or the pensioner dies.
Invalidity pension 20. (1) subject to section 19, the pension shall be as follows: (a) for an insured who has even worked during the period of eligibility under subsection 17 (2), a pension monthly tree fifty per cent of the average monthly salary, plus 1

004b.fm Page 32 Monday, March 27, 2006 11:57 AM Employee social security 33 percent average monthly wage for every twelve monthly contributions paid in excess of twenty-four months of the first one, which in the period between the date when contributions are first become payable by it under this Act and the date he submit notice of invalidity according to regulations: provided that the monthly pension rates as such, added may not, however, more than 65 per cent of the average monthly salary;
(b) for an insured who has even worked during the period of eligibility is reduced under subsection 17 (3), the principal pension of fifty per cent of the average monthly salary.
(2) (a) the term "average salary", where found in this section refers to the average monthly salary equals presumption twenty-four monthly contributions that end for the insured, who was paid only months before he submit a notice of invalidity according to regulations: provided that the minimum average monthly salary was three hundred and forty-two dollars and eighty six cents subject to such amount as the Minister may from time to time by regulations.
(b) monthly salary expectation bersepadanan with monthly contributions shall be deemed to be specified in the fourth schedule.
(c) (Cut by the Act A450).
Pension penakat 20A. (1) If an insured who is receiving invalidity pension, or if an insured who has not attained the age of 55 years but has even worked during the period of eligibility or qualifying period is reduced as specified under section 17A, die, then the 004b.fm Page 33 Monday, March 27, 2006 11:57 AM 34 laws of Malaysia ACT 4 penakat pension at the rate specified in the Eighth Schedule'll have paid for — (a) to the widow or widower for life , and if there are two people or more, the widow pension Division penakat for the widow stated in the Eighth Schedule shall be distributed among the same number among the widows: provided that if a widow or widower is eligible to receive more than one pension, the widow or widower penakat shall be paid a pension only, i.e. higher rate pension;
(b) to every children until she marries or until he reaches the age of twenty-one years, whichever is earlier: provided that in the case of a person the child referred to in paragraph (b) of the definition of "child" in section 2, penakat pension shall continue to be paid as long as he's not capable t bear himself: and provided further that the organization can continue the pension to a son who received lessons in any institution of higher education but less than first degree until he end or stop receiving such education or until she marries, whichever is earlier.
(c) (struck by A675 Act).
(2) If an insured who is receiving invalidity pension, or if an insured who has not attained the age of 55 years but has even worked during the period of eligibility or qualifying period is reduced as specified under section 17A, dying without leaving a widow, or widower fully or largely depends on the income of the insured person at the time of his death , or child, penakat pension shall be payable to mothers who become widows and other dependants as stated in 004b.fm Page 34 Monday, March 27, 2006 11:57 AM Employee social security paragraph 35 (b) of the definition of "dependants" in section 2, in accordance with the rates and for the term specified in the Eighth Schedule.
(3) penakat Pension was accrued from the date of death of the insured who is receiving invalidity pension or the insured who has not attained the age of 55 years but has even worked during the period of eligibility or qualifying period is reduced as specified under section 17A: provided that if disability benefits were payable to the insured died at the date of death , then the date of pension accruals shall penakat following the date of the date of death.
20B. (Cut by A1232 Act).
Invalidity assistance 21. (1) a person certified as invalidity, if he could not meet any eligibility period set out in section 17, shall be entitled to the same amount of invalidity assistance to the contribution paid in respect of its interest in accordance with the rates specified in the rules.
(2) the claimant is not entitled to invalidity assistance unless he paid a twelve monthly contributions since contributions are first become payable by him under this Act.
(3) invalidity Assistance under this section is usually paid only when the person has attained the age of fifty five years or die before attaining the age of it.
(4) Notwithstanding subsection (3), invalidity assistance under this Act may, at the option of the person in question, given at the time the cause is confirmed as exist: provided that the returned contribution must not be counted for the purpose of determining any future right of that person to obtain a pension.
004b.fm Page 35 Monday, March 27, 2006 11:57 AM 36 laws of Malaysia ACT Disability Benefits 4 22. Subject to this Act and the regulations if any — (a) any person suffering from a temporary disability is entitled to periodic payments for a period of disability in accordance with the fourth schedule: provided that nothing temporary disability benefits may be paid unless the disability continue to occur for a period of at least four days including the day of the accident: provided further that for purposes of this section and whether or not people are suffering from the disaster at paid day job disaster , the first four-day recount period shall commence from the day of the occurrence of the disaster work;
(b) any person suffering from a permanent disability, whether direct or partial disability, is entitled to periodic payments for a disability in accordance with the fourth schedule: provided that in the event of permanent disability, whether direct or partial disability, was assessed for a while for a limited period or with final, then the benefits provided under this paragraph shall be paid for a limited period or , as the case may be, for life.
Presumption as to accidents arising within employment 23. For the purposes of this Act, an accident arising within a person's employment, if the insured shall be deemed in the absence of any evidence to the contrary, as the rises of the job.
Accidents while traveling 24. (1) an accident happened to an insured shall be deemed to arise out of and in the 004b.fm Page 36 Monday, March 27, 2006 11:57 AM 37 Workers social security running time her employment if the accident occurred while the insured person — (a) in transit route between the place of residence or residence with its work;
(b) in the course made for any reason is directly related to its employment; or (c) in the course of his working place between with him go eat in the break allowed.
(2) if the accident under subsection (1) occurs within any pit stops, or any redirect, travel insured is made for any purpose set out in subsection same, the accident shall not be deemed to be arising from the exercise of her employment.
The accident occurred when the emergency facing 25. An accident happens upon a person insured in or near to any premises the place he was employed for the purpose of trade or business, profession, or occupation of his employer, vokasion shall be deemed to be derived from or within her work, if the accident happened when he carries out the steps, during an actual emergency or State of emergency to be the premises , to save, help or protect people who get disaster or danger or who thinks being or might get a disaster or danger or to avoid or reduce property damage.
Dependants benefits 26. (1) If a person insured died from a disaster work going on to it when becoming an employee in accordance with this Act (whether or not he received any payment periodically because the temporary disability of the disaster) then the benefits of dependants in accordance with the rates specified in the Fourth Schedule shall be paid to the General liabilities as follows: 004b.fm Page 37 Monday , March 27, 2006 11:57 AM 38 laws of Malaysia ACT 4 (a) to the widow or widower during life, and, if there are two people or more, the widow benefits dependants for the widow is specified in the Fourth Schedule shall be distributed among the same number among the widows: provided that if a widow or widower is eligible for more than one benefit liabilities, the widow or widower shall be paid an interest only , which is the interest rate is higher;
(b) to every children until she marries or until he reaches the age of twenty-one years, whichever is earlier:

Provided that in the case of a child referred to in paragraph (b) of the definition of "child" in section 2, the benefits of dependants shall continue to be paid as long as he's not capable t bear himself: and provided further that the benefits Organizations can continue to any child who received lessons in any institution of higher education but less than first degree until he expires or stops receiving the lessons or until he married whichever is earlier.
(c) (struck by A675 Act).
(2) If a person insured who died as a result of an act of work does not leave a person the widow or child dependants, interest shall be paid to the mother who became widows and other dependants as set out in paragraph (b) of the definition of "dependants" rate in section 2 and for the period specified in the fourth schedule.
27. (Cut by A1232 Act).
Athlete Services 28. (1) where an employee is employed in any employment described in the Fifth Schedule got any illness or disaster as specified in the table 004b.fm Page 38 Monday, March 27, 2006 11:57 AM 39 Workers social security as related to the job, or if an employee who has worked in a job getting an illness or the disaster within sixty months after such stop working , a disease that is found or disaster occurring thereon shall, unless the contrary is proved, be deemed to be akasnya disaster work arising out of or in the employment time: provided that a period of sixty months it may, at the discretion of the organisation, extended again when submitted medical evidence and other evidence relevant to support the extension.
(2) when an employee makes a contract of service or apprenticeship contract with an employer or employers directly to work in any occupation specified in the Fifth Schedule or employee, with consent, converted by major employer or employers eventually to a job like that, he shall, if requested by the employer or organization, allow himself to be examined by a medical practitioner appointed the successful completion; but an employee is not required to allow himself to be examined by a medical practitioner appointed the successful completion except by following the regulations made under this Act or at intervals shorter than those laid down in it.
(3) the Minister may, by notification in the Gazette, amend, substitute, add or deduct any disease specified in the Fifth Schedule and any employment described therein.
(4) unless subsection (1) and (3), no such interest can be paid to an employee of any disease unless the disease directly causes a certain disaster through an accident arising out of and in the time of her employment.
(5) section 23 does not apply to the case of which this section applies.
Benefits management body of 29. (1) If a person insured died from a disaster work or within she still receive disability benefits in 004b.fm Page 39 Monday, March 27, 2006 11:57 AM 40 laws of Malaysia ACT 4 of this Act, or if an insured who is suffering from total and died in the time he was still receiving invalidity pension, or if an insured who has not attained the age of 55 years but has even worked during the period of eligibility or qualifying period is reduced as specified in under subsection (3) or (4), die, then the benefit of the management body of the amount as may be prescribed by the Minister from time to time by regulations shall be paid to one or more than one person the following: (a) the widow (if any two people or more, widows widows that equally share the benefit of the management body);
(b) a widower;
(c) son or adopted son once oldest still point;
(d) the daughter or adoptive daughter once oldest still point;
(e) mother or father (if there are two parents, mother and father equally share the benefit of the management body).
(2) If no person as referred to in paragraph (1) (a), (b), (c), (d) or (e), any other person who actually bear management expenses management expenses to be paid remains the body of a deceased insured or such amount as may be prescribed by the Minister under subsection (1), whichever is less: provided that the claim for such benefits shall be made within three months after the death of the insured person or in a extended period as permitted by Organization or any officer or authority authorized by it for this purpose: provided further that, notwithstanding the above, if there is any dispute regarding to whom interest payment management body should be made, then the decision of the Director General or officer authorized by him shall be final.
004b.fm Page 40 Monday, March 27, 2006 11:57 AM 41 Workers social security (3) an insured person who has not attained the age of 55 years shall be deemed to have attained the qualifying period under subsection (1) if — (a) the monthly contributions paid respect for not less than twenty-four months in forty consecutive months prior to the month of his death; or (b) the monthly contributions paid respect for not less than two-thirds the number of months of monies contained in the period between the date when contributions are first become payable by it under this Act and the date of his death, provided that the total number of monthly contributions paid during the period shall be at least twenty-four.
(4) an insured person who has not attained the age of 55 years shall be deemed to have attained the qualifying period is reduced under subsection (1) if the monthly contributions paid respect for not less than one-third the number of months of monies contained in the period between the date when contributions are first become payable by it under this Act and the date of his death, provided that the total number of monthly contributions paid during the period shall be at least twenty-four.
Service allowance is always 30. The insured person shall be entitled to invalidity pension or benefits direct permanent disability was also entitled to an allowance of the same amount of service, always with forty percent rate of pension or benefits is subject to a maximum amount as may be prescribed by the Minister from time to time by regulations, if and as long as he is not competitive with the appreciation to always needs its own by another person : provided that the measurement of levels of disability that entitles a person insured allowance service always must be certified by a doctor or the doctor's Cabinet the Cabinet or Cabinet Special doctor appeals or any other authority authorized by the Minister in such a 004b.fm Page 41 Monday, March 27, 2006 11:57 AM 42 laws of Malaysia ACT 4 in such manner as may be prescribed in the regulations.
Liability of employers and pekhidmatnya 31. A person insured or person as his dependants shall be entitled to receive or obtain from the employer of the insured person, or from any other person who is the servants that employer, any compensation or damages under any other law in force in respect of disaster work going on to it at the time to be an employee under this Act: provided that the prohibitions in this section shall not apply to any claim arising from motor vehicle accidents if the employer or the employer's servants are required insured against third party risks under part IV of the road transport act 1987 [Act 333].
Determine the question of total or 32. Any question — (a) whether an accident or illness that has resulted in the cause-related;
(b) whether the related disasters have resulted in permanent disability;
(c) whether the extent of disability living can be assessed for temporary or final for the purpose of disability benefits;
(d) whether the assessment of the rate of disability living the temporary or final for the purpose of disability benefits; or (e) in respect of assessment while for the purposes of the disability benefits of a period when the assessment be used, shall be decided by a Council of doctors established in accordance with the regulations, if any, and the question of the 004b.fm Page 42 Monday, March 27, 2006 11:57 AM 43 Workers social security hereinafter referred to as "the question of permanent" or "question of disability", as the case may be.
Define disease services forms 32A. (1) any question whether a disaster work by sickness service as specified in the Fifth Schedule can be determined by a Council of doctors known as Special Doctors Congregation established in accordance with the regulations.
(2) the Cabinet Special Doctor should check those who disability and send in the form as may be specified by specifying — (a) whether the person is suffering from a disability or more than one disease specified in the schedule;

(b) whether the relevant disease have resulted in permanent disability;
(c) whether the extent of disability living can be assessed in temporary or final;
(d) assessment of the rate of disability living it, and for assessment while, a period when the assessment be used.
(3) the organization may refer any assessment of a temporary Special Doctor pilgrims for refresher purposes not later than the end of the period taken into consideration in the assessment in the meantime.
(4) any decision of the Cabinet Special Doctor survey can be repeated by him at any time.
(5) persons disablement shall be informed in writing by the Organization about the results of the Cabinet Special Doctor and interest, if any, entitled to found by the insured person.
Reference to a Council of doctors and appeal to the Cabinet the doctor appeals 33. (1) any person insured to receive invalidity pension or benefits permanent disability shall be referred 004b.fm Page 43 Monday, March 27, 2006 11:57 AM 44 laws of Malaysia ACT 4 by the establishment to a congregation of doctors for a decision the question of invalidity or the question of disability, as the case may be, and if, on such references or any references then, extent of disability living for the insured person assessed for temporary , the question shall be referred once again to the Council of doctors not later than the end of the period taken into consideration in the assessment in the meantime.
(2) if the insured or the organization is not satisfied with the decision of the Cabinet of doctor, the insured or the organization may appeal, in the prescribed manner and within the prescribed period, pilgrims doctors appeal constituted in accordance with the provisions of the regulations.
(3) the regulations may specify that the party claiming invalidity pension or benefits permanent disability called to appear before a Council of doctors or, if an appeal made by the Organization, in front of the Cabinet of doctor appeal, relating to the question of invalidity decisions or the question of disability, may be paid travel expenses and other expenses was done by it in relation to the presence in the matter and according to schedule, and subject to the conditions as prescribed in the regulations.
The insured died before examining the Cabinet doctor 33A. If a person insured, who has filed a notice of application to keilatannya or the Cabinet referred to the doctor to determine the question of disability in accordance with the regulations, dying before the Cabinet examined by doctors, the organisation may in its discretion, subject to any available medical evidence to his satisfaction, refer it to the Cabinet of doctor to determine the cause of the question or the question of disability, as the case may be.
The results of the survey be repeated by the Cabinet the Cabinet or doctor doctor appeal 34. (1) any decision of the Cabinet of doctor (including Cabinet Special Doctor) or Cabinet doctor appeals under this Act can be repeated to the survey at any time by the Cabinet the Cabinet doctor doctor or appeal, as the case may be, if the Cabinet 004b.fm Page 44 Monday, March 27, 2006 11:57 AM 45 Workers social security is satisfied with new evidence that the decision was given by reason of a material misstatement were not disclosed or has been wrongly give by employees or any other person (whether It does not disclose or wrongly give the meaning tipuan or not).
(2) any assessment about the extent of disability resulting from work-related disaster can also be studied by the Cabinet of doctor, if the Cabinet is satisfied that since the assessment is made as a result of the disaster was worsened unexpectedly: provided that an assessment survey may be reproduced under this subsection unless j if the doctor is of the opinion that the Cabinet in view of the time taken into consideration in the assessment layers will occur if not repeated study of assessment.
(3) except with the consent of the Cabinet of doctor appeal, assessment cannot be repeated survey under subsection (2) where an application made it less than three years, or about the assessment while, less than six months, from the date of assessment and when making the refresher periods taken into consideration by any assessment under review can not include the period prior to the date of the application.
(4) subject to subsection (3), the Council of doctors can manage a thing refresher in any way as if the matter was of the original reference to it, and in particular the congregation can make a provisional assessment despite the repeated assessment is assessment final survey; and the provisions of section 33 shall apply to a decision of the Cabinet of doctor in respect of the application as the provisions applicable to the matter of disability benefits under that section and for a decision of the Cabinet of doctor in respect of that matter.
Invalidity pension refresher 35. (1) subject to this Act and the regulations made for this purpose, you can repeat the survey costs an invalidity pension and as a result the organisation of refresher can add, continue, reduce or discontinue the pension.
004b.fm Page 45 Monday, March 27, 2006 11:57 AM 46 laws of Malaysia ACT 4 (2) if the refresher necessary by reason of circumstances began to heal, permanent invalidity pension cannot be withdrawn, unless the person is able to get out of the pension scheme an appropriate job can still be carried more than half of what is possible by a person who is of unsound mind and healthy body of her experience and training seemed : provided that the invalidity pension shall be reduced by the amount that found more than one-third of the salary average before invalidity.
Dependants benefits refresher 36. (1) any decision of a judge so that the benefits of dependants or penakat pension payable under this Act to a survey can be repeated at any time by the organization if the organization is satisfied with the new evidence that the decision was given by reason of a material misstatement were not disclosed or has been wrongly give by the claimant or any other person (whether it does not disclose or wrongly give the meaning tipuan or not) or that the decision was no longer in accordance with this Act due to any birth or death or caused by marriage, remarriage, no more weakness or achieving the age of twenty-one years, as the case may be, at the studying.
(2) subject to this Act shall, on making the organisation of refresher mentioned above, direct that the benefit of the dependants or the penakat pension is possible, plus, reduced or terminated.
37. Medical benefits (1) an insured that his condition requires, as a result of disaster work, family and the doctor is entitled to medical benefits.
(2) medical benefits that can be given either in the form of service, and treatment as an outpatient in a hospital or dispensary, clinic or other Foundation or through 004b.fm Page 46 Monday, March 27, 2006 11:57 AM 47 Workers Social Security visit to the insured person home or treatment as patients who are hospitalized or other Foundation.
(3) (Cut by the Act A450).
Form medical benefits 38. (1) an insured shall be entitled to medical benefits only by type and form provided by the Organization, and the insured is not entitled to claim for any doctor's treatment except as provided by the dispensary, clinic, hospital or other Foundation assigned for him, or as provided by the regulations.
(2) there is nothing in this Act shall be entitles to an insured to claim reimbursement from the organisation of any expenses incurred for any doctor's treatment, except as provided in the rules.
The establishment and maintenance of hospital, etc.
39. (1) the organization may establish and maintain hospitals, dispensaries and other medical and surgical services that it thinks fit for the benefit of the insured.
(2) the organization may make agreements with any Government, local authority, the person, either alone or solo travelers with respect to hold the doctor and treatment to the insured, in an area and also with respect to pay the expenses of treatment and the service.
Power of association partners with organizations or organising measures to health, welfare, etc., of the insured 40. (1) the Organization shall, in addition to plan the benefits described in this Act, organising a step or partners with organizations to improve occupational health, safety and welfare of the insured and for recovery and to work back to the insured who have 004b.fm Page 47 Monday, March 27, 2006 11:57 AM 48 laws of Malaysia ACT 4 disability or got disaster and can do for the expenses of the Organization in accordance with the limits set by the Minister.
(2) Measures under subsection (1) may include the holding of artificial limbs and devices, the opportunity to find employment in a profitable and also home betah.
Interest is assignable to any person or detained 41. (1) the right to receive any payment of an interest or invalidity assistance under this Act, and the amount of contribution payable under this Act, shall not be transferred or diserahhakkan to anyone.

(2) Nothing in the form of cash benefits including invalidity assistance or contribution payable under this Act may be detained or sold for implementing any decree or order of any court.
42. (Cut by A981 Act).
People can't replace cash benefits in the form of 43. Unless provided for by regulations, nobody is entitled to substitute any periodic payments under this Act with the bulk money: provided that if the loss of ability to earn a living have been assessed at more than twenty per cent, an insured may choose to replace one-fifth of daily interest payable with money in bulk and receive the remainder as a periodic payment.
The person was not entitled to benefit in the particular case 44. Nobody is entitled to disability benefits because of temporary disability for any day on which he was working and earning.
004b.fm Page 48 Monday, March 27, 2006 11:57 AM 49 Workers social security claimant interest disability or invalidity pension shall comply with 45. Claimant interest disability or invalidity pension shall be present and allow herself to doctor or any other checks deemed necessary by the establishment of a Council of doctors or doctor's appeal for the Cabinet confirm and certify disability or keilatannya.
Disability beneficiaries shall comply with 46. (1) a person who receives disability benefits (other than benefits provided because of a permanent disability) — (a) must always be in the treatment of doctors in any dispensary, hospital, clinic or other Foundation provided by this Act and shall carry out the instructions given by the medical officer or medical attendant away;
(b) cannot be in treatment time do any thing that might harm the opportunity sembuhnya;
(c) cannot leave the area where the doctor given in accordance with this Act with no permission of a medical officer, the medical attendant or any authority as specified for this purpose in the regulations; and (d) must allow himself to be examined by any medical officer appointed properly or by some other person authorized for this purpose by the establishment.
(2) Disability Benefits because of a disability or temporary suspension, if a person who receives benefits that do not comply with any requirement of subsection (1), and the suspension can last for a few days as decided by the establishment or any other person authorized for this purpose by the establishment.
47. (Cut by the Act A450).
004b.fm Page 49 Monday, March 27, 2006 11:57 AM 50 laws of Malaysia ACT 4 the right of Establishment if the main default or negligence of the employer to pay any contribution to 48. (1) where any employer main default or negligence to pay any contributions that she pay him liable under this Act to any employee and by reason of such person or persons as his dependants shall be entitled to benefits in accordance with a low levels, the organization may, when satisfied that the contributions should have been paid by the main employer, pay to that person or to the person the interest rate liabilities that he or they should have been entitled to if there occurs a breach or negligence and The organization is entitled to claim from the employer the principal either — (i) the difference between the amount of interest paid by the Organization to such person or persons as his dependants with the amount of interest which would have been payable on the basis of the contributions actually paid by the employer; or (ii) twice the amount of contributions that the employer was negligent breach or pay him, whichever is greater.
(2) Money that can be claimed under this section can be claimed as a debt due to the organisation.
(3) this section shall not apply to invalidity pension.
Suspension of the invalidity pension 49. (1) the organisation of the invalidity pension may suspend for a period not exceeding twelve months if the person is acting with the retirement of tipuan against the Organisation in respect of any claim which has been made by him or any payment has been received by it.
(2) the organization may suspend the pension if and as long as the invalidity pension scheme's person — (a) participate in any job therefore she be insured under this Act, if the amount obtained from the jobs 004b.fm Page 50 Monday, March 27, 2006 11:57 AM 51 Workers social security so more than one-third of the salary average before permanent;
(b) fails to attend, with no good reason, when directed, in front of a congregation of doctors or any other authority to confirm availability or still the existence of keilatannya;
(c) refuses or careless, with no good reason, to comply with any direction issued to it by or on behalf of the Organization of any recovery process is physical or vocational rehabilitation or vocational training that he/she is required to have any for free; or (d) fails, with no good reason, allowing him to receive free treatment doctors including installation tools offered by keilatannya or default Organization for carrying out any medical officer away: provided that he shall not be required to m e n h a l a n i a p a p a p a e m b e d a h a n y a n g b o l e h endanger life or health.
Repay benefits should not be received 50. (1) where a person has received any benefit or payment under this Act while he was not entitled to it, he shall be liable to reimburse the interest value of the Organisation or the amount of the payment, or if the event of his/her death, his/her representative shall be liable to repay out of the assets of the deceased, if any, in his hands.
(1A) if any such person has received any benefit or payment under this Act while he was not entitled to it, and then become eligible for other benefits under this Act, the organization is entitled to obtain the value of the benefit or the amount of the payment from the other benefits he is entitled to it.
(2) the value of any benefits received, except for cash payment, shall be determined by any of the authorities specified in regulations made for the purpose of and the decisions of the authority shall be final.
004b.fm Page 51 Monday, March 27, 2006 11:57 AM 52 laws of Malaysia ACT 4 (3) Money that can be claimed under this section can be claimed as a debt due to the organisation.
Payment of the amount of the interest has not been paid when the insured died 51. If someone died during the period she is entitled to receive benefits in the form of cash (or while he is entitled to invalidity assistance) provided for under this Act, the interest (or assistance) shall be paid to any person nominated in writing by the deceased in the form specified in the regulations or, if no one is named, to the beneficiary or representative in law for the deceased : provided that the benefits in the form of cash shall be paid up to and including the day of his death, for the benefit of disability (and allowances service constantly, if any) and dependants benefits and pension penakat and until end of the month preceding the month when the dead person, the pension scheme for invalidity pension (and allowances service constantly, if any).
Employers may not reduce salaries, etc.
52. No person possible, employer solely by reason of their dependents as of any contribution payable under this Act, may, directly or indirectly, reduce the salary of any employee, or except as provided in the rules, stop or reduce the interest payable to the employee in accordance with the conditions of services similar to the benefits conferred by this Act.
The employer cannot remove a job or punish an employee during the period of temporary disability 53. (1) No person shall under no employer shall, except as provided under the regulations, remove, discontinue or reduce work or otherwise penalize an employee in the period he received disability benefits because of a temporary disability.
004b.fm Page 52 Monday, March 27, 2006 11:57 AM 53 Workers social security (2) no anything notice remove job or discontinue or reduce that is provided to an employee within the period specified in subsection (1) may be valid or in force.
Interest claims 54. Every claim for a benefit or pension or invalidity assistance shall be conveyed to any authority with a form that contains any evidence to support the claim, as prescribed in the regulations.
Report a change of circumstances, etc.
55. a recipient of benefits under this Act shall report to the organisation as soon as can every event or matter affecting or likely to affect the entitlement to benefits is further or the interest rate.
Discretion to calculate the period of eligibility and the monthly invalidity pension rate is 56. (1) Notwithstanding section 17, 17A, 20 and 29 and the Eighth Schedule, the organization can take into account, for the purposes of calculating the period of entitlement for invalidity pension, pension penakat, interest management body and the rate of monthly invalidity pension and pension penakat, any contribution in respect of a person insured who, although payable under this Act, in fact has not yet been paid.

(2) If, had it not been taken into account that the contributions referred to in subsection (1), the period of eligibility of a person shall not be due or she would be entitled to invalidity pension or pension penakat by lower rates, actuarial value of the pension or pension for some attention to the contribution that accounted for in subsection (1), can be claimed by Organizations of employers have default pay such contributions on top of that , or if the employer has more than one, of all of them, as the ratio of the total contributions have been paid by their default.
004b.fm Page 53 Monday, March 27, 2006 11:57 AM 54 laws of Malaysia ACT 4 Facilities for physical rehabilitation or vocational 57. (1) an insured are suffering from or admit suffering from total or permanent disability can be given facilities free of charge by the Organization for physical rehabilitation or vocational rehabilitation.
(2) Facilities under subsection (1) shall be in accordance with the circumstances and form and shall be given to any person insured and under conditions as specified in the regulations.
(3) an insured are suffering from or admit suffering from kei la tan or h i lang permanent disability may, if circumstances require, j came with free external prosthetic devices, special features or other tools as determined appropriate by the establishment, and the tools can be renewed, if necessary, free of charge.
(4) an insured to be undergo physical rehabilitation or vocational rehabilitation or installed or will be installed with external prosthetic devices, special features or other tools may be paid or been reimbursed as determined by the Organization, an expense incurred or will be done with an o line of rpa tu t l ehnya do i pe r j a l a t au anan maintenance in connection with the move , or the installation of external prosthetic devices, special features or other tools.
Interest education 57A. Education in the form of loans or scholarships can be held for a person's dependent children insured who — (a) died from a disaster work;
(b) died when receiving invalidity pension;
(c) die before attaining the age of fifty five years but has even worked during the period of eligibility or a period of reduced eligibility as stated under section 17A;
(d) receiving invalidity pension; or 004b.fm Page 54 Monday, March 27, 2006 11:57 AM Employee social security 55 (e) accept payment of periodic benefits permanent disability, according to the terms and conditions characterized by the Organization should apply.
The organisation shall be responsible for obtaining and collecting loans repayment education 57B. (1) the Organization shall be responsible for obtaining and collecting loans repayment of education paid to dependent children under section 57A.
(2) an education loans that are not repaid or be outstanding shall be considered as a civil debt due to dependent children and Per body may use any other means under the law to get the debt.
Appointment of collection agent 57C. Organization, with the approval of the Minister, may appoint any number of agents for the purpose of obtaining education loans paid to dependent children under section 57A.
PART IV Administration, Finance And Social Security Plan Administration AUDIT 58. (1) Social Security Plan contained in this Act shall be administered by the social security organisation pursuant to this Act.
(2) the direction and General Supervision Organization shall be vested in the Board shall be established in accordance with this Act.
004b.fm Page 55 Monday, March 27, 2006 11:57 AM 56 laws of Malaysia ACT 4 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 than one Deputy Director-General.
(2A) If for any period the Director-General temporarily in Malaysia or be disabled temporarily due to illness, or due to any other cause is unable to perform his duties, or if the Director General becomes vacant, the Minister shall appoint one of the Deputy Directors General to perform the duties of the Director-General within that period.
(3) the terms and conditions of service of the Director General and Deputy Directors General shall be determined by the Minister to consult with the Minister of finance.
The Social Security Organisation 59A. Organization shall be a body corporate with perpetual succession have a common seal and may be claimed and alleged his name and, subject to and for the purposes of this Act, be binding on the contract and can acquire, purchase, take, hold and enjoy any kind of movable and immovable property and may be memindahhakkan, assign, surrender, return, mortgage, charge, pledge, assign the mendemis , transferred or other disposal of, or make any arrangements regarding, any movable or immovable property or any interest thereon which are vested in the Societies upon such conditions as he thinks fit.
Establishment Of Board 59B. (1) a Board shall be known as the social security Board shall be established.
(2) the Board shall be comprised as follows: 004b.fm Page 56 Monday, March 27, 2006 11:57 AM Employee social security 57 (a) a Chairman who shall 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 in charge of human resources;
(cb) an officer representing the Ministry in charge of health;
(d) not more than four persons representing employers who shall be appointed by the Minister to consult with organizations representing employers as the Minister may think fit for the purpose;
(e) not more than four persons representing the insured who shall be appointed by the Minister to consult with organizations representing the insured as the Minister may think fit for the purpose;
(f) three persons with experience in social security matters which shall be appointed by the Minister.
(3) appointment of members of the Board shall be diberitahukan in the Gazette.
(4) members of the Board appointed under paragraph (2) (a), (d), (e) and (f) shall hold office for a term and subject to any conditions specified by the Minister in the instrument appointing them.
(5) the Board is not prevented from carrying out any of the functions, duties and liabilities under this Act by reason of any vacancy in its membership: provided that the Minister shall take all necessary measures bo. un tuk memas t fish so sesua tu vacancy between the person appointed under paragraph (2) (a), (d), (e) and (f) be filled as soon as reasonably practicable.
004b.fm Page 57 Monday, March 27, 2006 11:57 AM 58 laws of Malaysia ACT 4 (6) (struck by A981 Act).
(7) the Minister may appoint an officer to perform the duties of the Secretary of the Organization of the Board and one other officer as Partisans.
(8) the Minister may in respect of each member appointed under paragraph (2) (d) and (e) appoint any person to be an alternate member to attend meetings of the Board replacing the Member when a member is unable to attend due to illness, incapacity or any other reason: provided that the appointment of alternate members shall be negotiated with organizations representing employers or insured, as the case may be , as the Minister thinks fit.
(9) when attending meetings of the Board, a member of the alternate shall for all purposes be deemed to be a member of the Board.
(10) an alternate member shall, unless he sooner ceases to be a member or his appointment is sooner revoked, cease to be an alternate member when a member of which he is a member of wipe it ceased to be a member of the Board.
The Minister shall appoint any person to act as Chairman of the 59C. (1) If for any period Chairman of the Board there is no temporarily in Malaysia or be temporarily due to illness, or due to any other cause is unable to perform his duties, the Minister shall appoint a person to perform the duties of the Chairman during the period.
(2) if the Chairman becomes vacant, the Minister shall appoint a person to perform the duties of Chairman until the vacancy is filled.
The Sixth Schedule shall apply to the Board of 59D. Sixth Schedule of this Act shall apply to the Board.
004b.fm Page 58 Monday, March 27, 2006 11:57 AM 59 Workers social security cease to be a member of the Board 59E. (1) a member of the Board shall cease to be a member — (a) if he fails to attend three successive also unauthorized Board; or (b) if his appointment is revoked by the Minister.
(2) a member of the Board appointed by the Minister under paragraph 5B (2) (a), (2) (d), (2) (e) and (2) (f) may resign his Office by giving notice in writing to the Minister.
Disqualified 59F. (1) a member is disqualified to be a Board member — (a) if he is not declared of unsound mind by a competent court;
(b) if he is a bankrupt that has not been discharged;

(c) if he has directly or indirectly any interest in a contract which is still in force or any work is being done for the organization except as a medical practitioner or as a shareholder (not Director) a company;
(d) where before or after this Act comes into his powers, he was found guilty by any competent court of an offence in respect of fraud, dishonesty or moral turpitude;
(e) If after requested, a member shall not send a contribution to the organisation that has been previously paid monies due;
(f) where he later became an officer or organisation of the servants, in addition to the Director General and Deputy Director General; or 004b.fm Page 59 Monday, March 27, 2006 11:57 AM 60 laws of Malaysia ACT 4 (g) If a member has been a member of any legislature.
(2) Terhentinya a member of the Board in accordance with this section or section 59C shall diberitahukan in the Gazette.
The application of the Public authorities Protection Act 1948 59G. Public authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings of the Board, or against any of its members, any officers, servants or agents of Association in respect of any act, neglect or default made or done by him on its properties as mentioned.
Public servants and public servants 59H. All Board members and officers and servants Organization while performing their duties as 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 law in force at the time.
The Board enforces the directions of the Minister 59I. (1) in the exercise of power and complete the duties and functions under this Act, the Board shall be responsible to the Minister who may, from time to time, giving instructions not inconsistent with this Act, and the Board shall as soon as possible, enforce all the instructions.
(2) the Minister may at any time require the Board to submit to him proposals for establishing new social security Plan or modify or expand the existing plan as may be necessary to meet the Government's social policy programme.
Delegation authority 59J. The Board may, subject to such conditions, limitations or restrictions as it thinks fit, delegate 004b.fm Page 60 Monday, March 27, 2006 11:57 AM 61 Workers social security to the Chairman, Director-General, any of its members or any person, authority to permit the expenditure of the Social Security Fund or any other Fund under the control of the Board, up to a limit to be determined in the matter.
Administrative control over the officers and servants by the Director General 59K. (1) subject to the directions of the Board Chairman, the Director General shall have administrative control over the officers and servants of the organization.
(2) the Director General shall exercise any other functions or additional prescribed by the Minister or the Board from time to time.
Appointment of officers and servants 59L. (1) subject to section 59, the Board may appoint such other officers and servants Organization as may be necessary for the purpose of carrying out the provisions of this Act.
(2) No person is eligible to be employed as officers or servants of association if he has, directly or indirectly, any shares or interest in a contract or proposed contract with, for or on behalf of the organization.
(3) an officer or Organisation that has servants or acquire directly or indirectly a share or interest may be removed by the Board: provided that none of the officers or servants may be removed without given reasonable opportunity to be heard.
Establishment of divisions, office spaces, etc.
59M. the Board may establish in the Organization of any parts and office spaces and local may deem necessary so that the organization runs efficiently.
004b.fm Page 61 Monday, March 27, 2006 11:57 AM 62 laws of Malaysia ACT 4 the power to solve the question of staff 59N. (1) subject to this Act and in the staff rules, the Director General shall resolve all the question relating to the services (in addition to the terms of appointment, promotion, suspension and dismissal), salaries, privileges and allowances of officers and servants of Association: provided that in the case of officers and servants who are not in the category of grade 11, powers, except the power to provide or suspend holidays, shall not be carried out without the prior approval of the Board.
(2) any officer or servants who are aggrieved by the decision of the Director General in the exercise of its powers under this section may appeal to the Board in any period laid down in the staff rules.
Power to make rules 59O staff. (1) with the approval of the Minister, the Board may, from time to time, make rules relating to staff conditions of service of officers and servants (other than the Director General and Deputy Directors General) Organization: provided that in making the rules, the Board shall take cognizance of rates of salary and other conditions of service applicable to officers and servants statutory bodies.
(2) without prejudice to the generality of subsection (1), such rules could provide about the matters specified in the Seventh Schedule.
Committee 59P. Notwithstanding any other provisions of this Act, the Board may establish committees consisting of members of the Board or a person who is not a member of the Board or a combination of both to advise or assist the Board in matters related to its functions as it may deem fit, and the Board may delegate, subject to any 004b.fm Page 62 Monday, March 27, 2006 11:57 AM 63 Workers social security conditions or restrictions that may be imposed by it , any of its functions as he may deem fit to any of the Committee.
The Disciplinary Committee 59Q. A Disciplinary Committee which shall consist of the following three members shall have: (a) two members shall be appointed by and from among members of the Board (other than the Chairman of the Board), one of whom shall be appointed as Chairman; and (b) the Director-General: provided that the Director-General or Deputy Director-General, t idaklah can be ah l i Disciplinary Committee in any proceedings before him he was the complainant, in which case such a place shall be taken by a member who shall be appointed by and from among the members of the Board.
Disciplinary officer 59R. (1) the disciplinary authority in respect of every such officers and servants of societies, in addition to the Director General and Deputy Director-General, shall be the Disciplinary Committee is established under section 59Q.
(2) in exercise of the functions, powers or functions of its Disciplinary Committee shall have the power to take t indakan discipline and impose disciplinary punishment provided through any of the methods that can be made under section 59T.
(3) the Disciplinary Committee may, subject to subsection (4), mewaki lkan any functionality i, power or functionality (i) to any of its officials or servants organization, or to any Committee or officer of the Association of the servants, in respect of any officer or certain servants in respect of establishment or any class or category of officers or servants of societies, and officers or servants or Committee 004b.fm Page 63 Monday , March 27, 2006 11:57 AM 64 laws of Malaysia ACT 4 him delegated functions, powers or the disciplinary function should be performing, exercising or discharging its functions, powers or disciplinary functions under the direction and control of the Disciplinary Committee shall have the power to review, remove or edit any decision or dapa tan or officer idmat pekh, or the Committee.
(4) no delegation shall be made under subsection (3) to allow an officer or servants Organization exercise such disciplinary authority or a member of a Committee may exercise any disciplinary powers over an officer or higher rank servants from it.
(5) any officer or servants organization is not satisfied with the decision of the Disciplinary Committee or any person or Committee delegated with functions, powers or functions of discipline under subsection (3) may, within fourteen days, appeal in writing against such decision to the disciplinary Appeal Board can give any decision thereon as he thinks fit.
The Establishment Of A Disciplinary Appeal Board 59S. (1) a disciplinary Appeal Board membership the following shall be established: (a) the Chairman of the Board, as Chairman; and (b) a member of the Board, excluding the members of Disciplinary Committees.
(2) the disciplinary Appeal Board decisions are final.
Power to make rules discipline 59T. (1) the Board may, with the approval of the Minister, make any disciplinary rules as it may deem necessary or expedient to provide about the disciplinary officers and servants of the organization.
(2) disciplinary rules made by the Board under this section shall contain —

004b.fm Page 64 Monday, March 27, 2006 11:57 AM 65 Workers social security (a) the provisions for detention work with reduction of salary or other remuneration, or provisions for suspension of work without pay or other remuneration of an officer or servants Organization pending the results of disciplinary proceedings;
(b) provision for disciplinary offences and punishment as may be thought fit by the Board, and the punishment provided for such may include dismissal or demotion; and (c) the procedures for disciplinary proceedings and the provision of opportunities to the person against whom the disciplinary proceedings taken to make representations.
The imposition of a surcharge 59U. (1) where the Board is satisfied that any person who is or was formerly with the Organization — (a) be responsible or have been responsible for any payment of money by should not be out of the Fund or for any payment of the money which is not supported with accordingly;
(b) be responsible or have been responsible for any deficiency in, or for destruction, any money, stamps, securities, stores or other assets of the Organization;
(c) that became or was the accounting officers, fail or has failed to keep proper records or account; or (d) has failed to make any payment, or responsible or liable for any delay in the payment of money out of the Fund to any person to whom such payment payable under any contract, agreement or arrangement made between the person with the Organization, and if satisfactory explanation is not presented to the Board within the period specified by the Board, concerning 65 Monday 004b.fm Page , March 27, 2006 11:57 AM 66 laws of Malaysia ACT 4 with failure to collect, payments are not supposed to, the payment of which is not supported properly, lack of or destruction of, or failure to keep proper records or accounts, or failure to make a payment, or delay in making payment, the Board may impose a surcharge against that person a sum of money not exceeding that amount for any amount not collected , any payments, lack of, or loss or the value of the property destroyed, as the case may be; and with respect to the failure to keep proper records or accounts, or failure to make a payment, or delay in making payment, the Board may impose a surcharge against that person a sum of money as the Board may think fit.
(2) the Board shall cause the Director General informed of any surcharge made under subsection (1) and the Director-General shall thereupon notify the person who disurcaj it.
(3) the Board may at any time withdraw any surcharge in respect of which a satisfactory explanation has been received or if otherwise it appears that there are surcharges should be made, and the Board shall immediately cause the Director-General to be notified of the withdrawal.
(4) the amount of any surcharge imposed under subsection (1) and not withdrawn under subsection (3) shall be a debt due to the organisation by the person against whom the surcharges are applicable and may be prosecuted and recoverable in any court in the suit by the establishment and can be recovered through a deduction — (a) from the salary of the person disurcaj the Board ordered such; or (b) of the pension of the person disurcaj the Board ordered such, in equal monthly instalments not exceeding one quarter of the total salary or monthly pension that person, as the case may be.
004b.fm Page 66 Monday, March 27, 2006 11:57 AM 67 Workers social security establishment of the Promotion Board 59V. (1) a Promotion Board in respect of each category of officers and servants as may be specified in the Tenth Schedule first space, consisting of members specified in the second column of the same Table shall be established.
(2) the relevant Promotion Board shall have the authority and shall exercise its functions in all matters relating to the promotion of respect of all officers and servants Organization in the categories specified in the Tenth Schedule first space.
The Establishment Of The Appeal Board Promotion 59W. (1) a Promotional Appeal Board in respect of each category of officers and servants as may be specified in the Tenth Schedule first space consisting of members specified in the third column the same schedule shall be established.
(2) Promotional Appeal Board shall have the authority and shall exercise its functions in respect of any appeal against any decision of the Promotion Board in relation to an officer or the servants to the Promotion Board has jurisdiction.
(3) any officer or servants, who are eligible for promotion, or for an acting position for the purpose of promotion, aggrieved by the decision of the Board of the promotion may be, may appeal to the Appeal Board of the relevant Promotion.
(4) the Appeal Board promotion, after mempert imbangkan appeal i tu, may confirm or vary the decision of the Promotion Board, and the results of the consideration shall be duly served to the Promotion Board to enable it to reach a decision.
(5) the Appeal Board Promotion may change the effective date of promotion and seniority order 004b.fm Page 67 Monday, March 27, 2006 11:57 AM 68 laws of Malaysia ACT 4 officials or servants in question but without prejudice to the promotion per se officers or servants of the successful.
(6) Promotional Appeal Board Decision is final.
60 – 63. (Struck by A675 Act).
Fees and allowances 64. Member of the Board and the investment Panel shall receive such fees, allowances and any other benefits as the Minister may from time to time.
65 – 67. (Struck by A675 Act).
Social Security Fund 68. Social Security Fund shall be established under this Act shall be paid into it — (a) contributions payable by or in respect of the insured;
(b) rent, interest, dividends or other income arising from the assets of the Organization;
(c) the amount of money accrued with supposed to under this Act, including the payment of interest;
(d) the amount of money obtained under this act as the fees, costs, charges and any interest on arrears of contributions;
(e) the amount of money through grants, donations and gifts from the Federal Government, State Government, local authority, or any person or organization, whether incorporated or not, for all or any purposes of this Act;
(f) the amount of money transferred from the Fund established previously under this Act; and 004b.fm Page 68 Monday, March 27, 2006 11:57 AM social security Employees 69 (g) any other money payable to the organization.
69. Fund Administration (1) Social Security Fund shall be held and administered by the Organisation for the purposes of this Act.
(2) all moneys accrued or payable to the Fund shall be paid into any bank as permitted by the Board: provided that the Board may allow the post office also received, on behalf of the Organization, all moneys accrued or payable to the Fund referred to in section 68, subject to such terms and conditions as may be prescribed in the regulations.
The receipt of financial assistance, donations, etc.
70. The organization may receive financial assistance, donations and grants from the Federal Government or any State Government, local authority or any person or Corporation, whether incorporated or not, for all or any purposes of this Act.
For the purpose of what the Fund can be spent on 71. Subject to this Act and the regulations made thereunder, the Social Security Fund shall be expended only for the following purposes, namely: (i) to pay benefits and invalidity and provide financial assistance, safety deposit boxes and doctor for the insured or for their dependants;
(ii) to establish and maintain hospitals, dispensaries and other Foundation and provide medical services and ancillary services for the benefit of the insured;
(iii) to pay contributions to the State Government, local authority or any body alone or person, for expenses and 004b.fm Page 69 Monday, March 27, 2006 11:57 AM 70 laws of Malaysia ACT 4 doctor's treatment given to the insured, including the expenses of any building and equipment, in accordance with any agreement made by the Organization;
(iv) pay the expenses of the Cabinet appeal and the Cabinet of doctor established under this Act;
(v) pay the amount of money pursuant to any decree, order or decision of any court or tribunal against organizations or any officer or pekhidmatnya because of any act done on implementing its obligations or pursuant to a compromise or settlement of any suit or other proceeding or a step in claim legally brought or made against the Organization;

(vi) to pay expenses and other charges for starting or defending a civil or criminal proceedings arising out of any action taken under this Act;
(vii) to pay expenses, in accordance with the stipulated limit, on measures to improve the health, safety and welfare of the insured or dependants and to restore and to employ the insured that has disability or affected by disasters;
(viii) to pay fees, allowances and other remuneration to the members of the Board and the investment Panel;
(viiia) provides loans or scholarships to dependent children of a person insured as stated under section 57A; and (ix) any other purposes as permitted by the Minister after consultation with the Minister of finance.
Expenses for the administration of 72. Notwithstanding the provisions of section 71, expenses can be done by the establishment of a Security Fund 004b.fm Page 70 Monday, March 27, 2006 11:57 AM 71 Social Workers social security up to the amount allowed by the Minister by regulations, for each year, to carry out the administration of the social security Plan provided under this Act, including — (a) pay the salaries, expenses and leave travelling allowance, Exchange and compensation remuneration and allowances, benevolence, contribution to benefits, welfare and recreation officers and servants associations and pay expenses in respect of Office and other services which was established for the purpose of enforcing this Act;
(b) pay the fees and other remuneration to the Auditors, Actuaries, agents, technical adviser, bankers, stock brokers, surveyors or other persons who are employed on temporary or full-time not to carry out the purposes of this Act; and (c) purchase or rent equipment.
Withdrawal from the Fund for loans 72A. Notwithstanding sections 71, organizations can allow any amount of the Social Security Fund as needed to provide loans to officers and servants of association as provided in the rules of the staff or for purposes similar to that approved by the Government for members of the public service.
Administrative expenses are the responsibility of the Government of 73. Notwithstanding the provisions of sections stated above, the Government can do all expenses for and in connection with the establishment of the Organization up to the date of its establishment, and then from that can bear all administrative expenses or to the extent and for such period as may be prescribed by the Minister of finance in relation to the purpose referred to in section above.
Hold the property, etc.
74. The organization may, subject to the conditions as prescribed by the Minister after consultation with the Minister of finance 004b.fm Page 71 Monday, March 27, 2006 11:57 AM 72 laws of Malaysia ACT 4 acquire and hold property of either can be moved or cannot be moved, sold or transferred any property can move or Cant move that right shall have been vested to it or have been acquired by him and do any of the things necessary for the purposes which it Organization was established.
Investment money 75. (1) subject to any conditions prescribed by the Minister after consultation with the Minister of finance, money establishment, which is not required to immediately disclose expenses under the Act shall be invested in — (a) the investment or securities allowed for investment trust funds by any written law for the time being in force;
(b) in investments in shares and debentures in any public companies that the price mentioned or is pursuing so called the stock exchange established in Malaysia; and (c) in any investment or other security as may be prescribed by the Board: provided that any investment made under this Act may be modified, changed or be made from time to time.
(2) the Minister after consultation with the Minister of finance may, at b i la-bi la time, direct clearing of part of or the whole of, or prohibit investment in, any security or class of securities.
(3) for the purposes of this section — "debentures" includes debenture stocks, bonds, notes or any other securities or obligations of a company, whether it is a charge on the assets of the company or not and also includes the right to subscribe for any debentures;
"share" means the share paid up (whether fully paid or not) in the share capital of a company and including shares and rights to subscribe for any shares or share.
004b.fm Page 72 Monday, March 27, 2006 11:57 AM 73 Workers social security investment Panel 75A. (1) an investment Panel which shall, subject to the instructions that may be issued by the Board, in charge of matters relating to investment Establishments shall be established.
(2) the investment Panel shall consist of the following persons: (a) the Chairman of the Board as the Chairman; (b) two members appointed by the Board from among the members of the Board, one representing employers and one representing the insured;
(c) the Director General of the Organization; (d) a representative of the Treasury; (e) a representative from the Central Bank; and (f) two other members with experience of business and financial director appointed by the Minister: provided that a person appointed in accordance with this paragraph shall, subject to the ninth schedule, serve for a period of two years from the date of his appointment.
(3) the Ninth Schedule shall apply to the investment Panel.
75B. (Cut by A981 Act).
Obtain loans 76. The organization may, with the prior consent of the Minister of finance and in accordance with such conditions as may be specified by him, getting loans and taken steps to settle the loan.
Estimated budget of 77. The organisation shall each year draw up a budget showing the receipt that you will receive and the expenses it is proposed to be done by him in the 004b.fm Page 73 Monday, March 27, 2006 11:57 AM 74 laws of Malaysia ACT 4 the following year and shall serve a copy of the budget to be approved by the Minister before the date specified by him in that behalf and the budget shall contain provisions , in the opinion of the Minister, sufficient to complete the liability incurred by the Organization and to maintain a balance of work.
78 account. The Organization shall maintain proper accounts and records and shall prepare a statement of accounts for every year or for such other period as may be directed by the Minister.
79 audit. (1) the accounts of the Organization shall be audited each year by the Auditor General.
(2) the Auditor-General or an officer who diwakilkannya is at all reasonable time is entitled to look at the books, accounts and other documents Organization and shall, for the purposes of the audit, asking for any information and information required or examine any officer or other officer of the organization.
(3) the Board shall send to the Minister a copy of the Auditors ' report and any views together with a copy of the audited Organization account. The Minister may direct the Board so as to send a copy of the Auditors ' report and a copy of any statement of account to any Government Department and any statement of account as are necessary to the Auditor-General.
80 annual report. The Board shall submit to the Minister an annual report on the work and activities of the Organization prior to 30 June the following year unless otherwise extended by the Minister.
004b.fm Page 74 Monday, March 27, 2006 11:57 AM Employee social security 75 annual report and audited accounts 81. The annual report and audited accounts of the Organization shall be presented in each Parliament.
Valuation of assets and liabilities 82. The Board shall, at intervals of five years, resulting in an actuarial conducted refresher about travel plans provided under this Act, relating to the valuation of assets and liabilities of the Organization, and the report shall be submitted to the Minister: provided that it is open to the Minister to direct that refresher actuarial and the assessment made at other times it may deem necessary.
Part V DECIDED DISPUTES And CLAIMS Membership Of The Council Of Appeal Social Security 83. (1) the Minister shall, by notification in the Gazette, establish a Council of Appeal social security (referred to as "Cabinet" in this section) for the State or area specified in the notification.
(2) the Cabinet shall consist of a Chairman and two clamps.
(3) a person is eligible to be appointed as Chairman of the Congregation if — (a) he is a citizen; and (b) for ten years prior to his appointment he has become a member of the Judicial Service and federal law or a barrister and solicitor of the High Court in Malaysia.
(4) the Chairman shall be appointed by the Minister in accordance with the terms and conditions determined by it.
004b.fm Page 75 Monday, March 27, 2006 11:57 AM 76 laws of Malaysia ACT 4 (5) two clamps shall represent the employers and workers and shall be elected by the Chairman of the panel of persons appointed under subsection (6).
(6) the Minister shall, after consultation with any body who represents employers and employees as it thinks fit, appoint a panel comprising such number of persons as he thinks fit to serve as clamps.
(7) (struck by A1232 Act).

(8) (struck by A1232 Act).
Article for a decision by the Cabinet 84. (1) if the publish any question or dispute as to — (a) whether a person is an employee within the meaning of this Act or whether the person liable to pay the employee contribution;
(b) rates of salary or the average daily wage of an employee for the purposes of this Act;
(c) the rate of contribution payable by the employer of an employee;
(d) any person who became or has become the major employer for an employee;
(e) the right of a person to get any interest and about the many and long duration of the interest;
(f) any direction issued by the organisation under section 35 and 36 of a refresher of any fee or invalidity pension or pension benefits dependants penakat; or (g) (Cut by the Act A590).
(h) any other matter disputes between major with an employer organization, or between an employer of an employer directly, or between someone with organizations or between an employee with an employer or employers direct, relevant 004b.fm Page 76 Monday, March 27, 2006 11:57 AM 77 Workers social security with any contributions or interest or other charges payable or recoverable under this Act , or any other matters required to be determined or can be decided by the Cabinet under this Act, the question or dispute that, subject to subsection (3), shall be decided by the Cabinet in accordance with this Act.
(2) subject to subsection (3), the following claims shall be decided by the Cabinet, namely: (a) a claim to recover contributions from major employers;
(b) claims by an employer to recover contributions from an employer directly;
(c) (Cut by the A590 Act);
(d) charge on an employer under section 48;
(e) a claim under section 50 to recoup value or the amount of benefits received by a person while he was not lawfully entitled to it; and (f) any claim to recover any benefits under this Act.
(3) where arising in any proceedings before the Cabinet the question of invalidity or disability and the results of a Council of doctors or doctor's appeal has not yet been found to the Cabinet about it while a decision on the question is necessary to determine the claim or question it in front of the Cabinet, the cabinet shall direct Per body to seek soa l i th determined pursuant to this Act and later shall determine a claim or question before it in accordance with the decision of the Cabinet of doctor or doctors congregation appeal.
(4) no civil court shall under no authority to decide or manage any question or dispute referred to in subsection (1) and (2) or decide upon such liabilities, in accordance with this Act, to be decided by the Cabinet.
004b.fm Page 77 Monday, March 27, 2006 11:57 AM 78 laws of Malaysia ACT 4 (5) there are a civil court involving the authorities decide or manage any question or dispute, in accordance with this Act, to be decided by a Council of doctors or a Council of doctors appeal.
Proceedings, etc.
85. (1) subject to this Act and the regulations made thereunder, all proceedings in front of the Cabinet should be started on Board appointed for a person working at the time of the insured or the dispute arises the question.
(2) the Minister may transfer any matters pending before any Cabinet in a State or area to any Cabinet like that in a country or other area.
(3) Cabinet to whom any matter transferred under subsection (2) shall continue the proceedings as if proceedings have been instituted originally to it.
Commencement of proceedings of 86. (1) the proceedings in front of a Congregation should be started with the application.
(2) every such application shall be made within three years from the date of the reason action arising.
(3) for the purposes of subsection (2) — (a) the reasons for the action for a claim benefits shall not be deemed to be published unless the insured person or in the case of dependants pension benefits or penakat, dependants of the insured person or, in the case of interest management body, people claim that, to claim the benefits according to the regulations made in that behalf within the period of twelve months after the claim be cashed or within a further as permitted by the Cabinet on the grounds that in its opinion reasonable rates;
004b.fm Page 78 Monday, March 27, 2006 11:57 AM Employee social security 79 (b) reasons for action for a claim by the establishment to get contributions from the employer or a claim by the main employer to get contributions from an employer directly cannot be characterized as arising to date him or previous evidence of contributions have been paid due to be received by the establishment, in accordance with the regulations;
(c) every such application shall be in such form and shall contain the particulars and shall be accompanied by the fee, if any, as may be prescribed through regulations.
Power Cabinet Appeal Social Security 87. (1) the Cabinet has all the powers of a person a sessions Court judge for the purpose of issuing summons and compel the attendance of witnesses, disclosure, production of documents and things necessary, administer oaths and recording evidence.
(2) the cabinet shall comply with such procedures as may be prescribed through regulations.
(3) all expenses pertaining to any proceeding in front of a Congregation shall, subject to such regulations as may be made for this purpose, at the discretion of the Cabinet.
(4) an order of the cabinet shall be enforced instead-it is a sentence by a sessions Court even though the order was concerned with the amount of money more than what the Court authority to make it.
The presence of through legal practitioners, etc.
88. An application, presence or act which required to be made or done by a person to or in front of a Cabinet (with the exception of the presence of a person who is required for the purpose of inspection as a witness) can be made or done by a legal practitioner or by an officer of a registered trade union authorized 004b.fm Page 79 Monday, March 27, 2006 11:57 AM 80 laws of Malaysia ACT 4 in writing by such person or with the consent of the Cabinet , by any other person given such power.
Interest shall not be allowed unless claimed within the time supposed to 89. Something the Cabinet cannot direct payment of any interest to someone unless that person has made a claim for benefits in accordance with the regulations made for that purpose and section 86: provided that if the Cabinet is satisfied that there are reasonable reasons why claims are not made within the specified period, the Cabinet may direct the payment of interest as if the claim is made in the proper time.
A reference to the High Court of 90. A Congregation may submit any question of law for the decision of the High Court and if the Congregation do so it shall decide the question pending before it in accordance with that decision.
Appeal 91. (1) except as expressly provided in this section, there are no such appeal can be made against an order of the Cabinet of Appeal set up in accordance with or under this Act.
(2) an appeal may be made to the High Court against an order of the Cabinet of Appeal set up in accordance with or under this Act if the appeal with respect to the question of legal material.
(3) the Limitation period for an appeal under this section is sixty days from the date the order is made.
The payment is suspended pending appeal 92. If the Organization has filed an appeal against an order of the Cabinet, the cabinet can, and if directed by the High Court shall, pending the results of the 004b.fm Page 80 Monday, March 27, 2006 11:57 AM social security Worker 81 the appeal, withhold payment of any sum of money directed by the order appealed so paid.
PART VI PENALTY Penalty for false information 93. If any person, for the purpose of causing any additional payment or interest under this Act, or for the purpose of causing any payment or benefits made if payment or benefit that is not authorized by or under this Act, or for the purpose of avoiding any payment of is made by himself under this Act, or allow any other person to avoid any such payment — (a) makes or causes to be made any false statement or false representation; or (b) make written or signed any declaration, form, report, certificate or other document required by this Act or any regulations made under the Act which is untrue or incorrect in any material particulars, is punishable with imprisonment for a term which may extend to two years, or a fine not exceeding ten thousand dollars, or both.
Penalty for breach of paying contributions, etc.
94. If any person — (a) fails to pay any contribution or any part thereof payable by him under this Act or fails to pay within the time prescribed by regulations any interest payable under section 14A;
(b) delete or try to cut all or part of the contribution of employers from the salary of an employee;
004b.fm Page 81 Monday, March 27, 2006 11:57 AM 82 laws of Malaysia ACT 4

(c) in contravention of section 52 with reduce the salary or any privilege or benefit which allowed for an employee;
(d) with the illegal section 53 or any regulations, remove works, discontinue, reduce or otherwise punish an employee;
(e) fails or refuses to deliver any statement or report an accident required by regulations or making a false statement or report;
(f) prevent a person the inspector or other officer in the Organization meet its obligations; or (g) is guilty of an offence violates this Act or fails to comply with any requirements of this Act or the rules or regulations which no special penalty is provided for him, he shall be punished by imprisonment for a term which may extend to two years, or a fine not exceeding ten thousand dollars, or both.
Order of the Court in respect of contributions due and payable to 94A. (1) when a person is found guilty of any offence under paragraph 94 (a), the Court found that person guilty shall order that person to pay the amount of any contributions, together with interest credited to him, that is due and payable to the Organization and certified by authorized officer Organization as due by that person prior to the date he was found guilty and the certificate of authorized officer shall be prima facie evidence of the amount due and payable it.
(2) 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 criminal procedure code [Act 593], except that if the Court direct that the payment of a sum of money is made by instalments, the Court shall direct the 004b.fm Page 82 Monday, March 27, 2006 11:57 AM 83 Workers social security so that the sum of the money paid by not more than six instalments.
(3) when a person is found guilty of any offence under paragraph 94 (e) in respect of p e n g e m u h a n l a p o r a n k e m a l a n g a n, M a h k a m a h y a n g i n h a d a p a n n y a o r g i a n t s t u d i d a p a t i b e r s a l a h h e e n d a k l a h order such person to submit an accident report required i tu in the time ascertained by the Court.
The trial of more than one offence 94B. Notwithstanding the provisions of any written law to the contrary, a person may be charged with and tried in any one trial for any number of offences under paragraph 94 (a), not more than thirty-six, and the offence shall, for the purposes of the law in force at the time in relation to criminal procedure, be deemed to be part of the same transaction.
A copy of the entries to be prima facie evidence of 94C. In any legal proceedings, a copy of the entry in the accounts of the Organization are properly certified under the hand of an officer duly authorized Organizations shall constitute prima facie evidence that the entry was made and about the truth of its contents.
Prosecution 95. (1) no prosecution shall be instituted for an offence under this Act or any regulations made under this Act except by or with the written consent of the public prosecutor.
(2) (struck by A1232 Act).
(3) (struck by A675 Act).
004b.fm Page 83 Monday, March 27, 2006 11:57 AM 84 laws of Malaysia ACT 4 Mengkompaunkan offence 95A. (1) the Director General or any officer authorized in writing by the Director-General may mengkompaunkan any offence committed by any person under this Act or the regulations made under this Act and prescribed by the Minister by regulations made under this act as an offence that can be is compounded by making an offer in writing to the person suspected to have committed the offence to mengkompaunkan them when paid to the Director General an amount of money that is not more than fifty per cent of the amount of the maximum fine for the offence within the time stated in the offer.
(2) an offer under subsection (1) may be made at any time after the offence, but before any prosecution for him started, and if the amount specified in the offer is not paid within the time stated in the offer or within such extended period as may be allowed by the Director General, a prosecution for the offence may be commenced at any time after that to the person to whom the offer was made.
(3) If an offence is compounded under subsection (1), no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound has been made and any thing seized in connection with the offence be released or dilucuthakkan by the Director General, subject to such terms and conditions as he thinks fit.
PART VII MISCELLANEOUS the insured is not entitled to more than one interest 96. (1) an insured shall not be allowed to receive, for the same period and in respect of the same disability, invalidity pension and disability benefits.
004b.fm Page 84 Monday, March 27, 2006 11:57 AM 85 Employees social security (2) if the person insured is entitled to these two benefits, he can choose the benefits that will merit for that period.
Dependants are not entitled to both pensions and benefits of dependants penakat for the same period 96A. (1) any dependants are not allowed to receive, for the same period and in respect of the insured, the pension penakat and benefits of dependants.
(2) if the dependants are entitled to the pension penakat and benefits of dependants both, he can choose to receive interest payable at the higher rate.
Exemption for enterprises or enterprise class 97. The Minister may, by notification in the Gazette and subject to such conditions as may be specified in the notification, exclude any enterprise or enterprise class in any particular area of the effect of this Act for a period of not more than one year and may from time to time by notification similar to renew the exemption, for a period of not more than one year at a time.
Exemption for a person or class of persons 98. The Minister may, by notification in the Gazette and subject to such conditions as he thinks fit to impose, exempt any person or class of persons engaged in any enterprise or enterprise class to which this Act applies from the commencement of this Act.
The Organization shall make a statement 99. No such exemption may be allowed or renewed under section 97 and 98, unless a reasonable opportunity has been given to the Organization for making such 004b.fm Page 85 Monday, March 27, 2006 11:57 AM 86 laws of Malaysia ACT 4 What a statement to be made by them about the proposal and the statement has been considered by the Minister.
Exemption for enterprises owned by the Government or any local authority 100. The Minister may, by notification in the Gazette and subject to such conditions as may be specified in the notification, exempt any industrial undertaking or class of enterprises owned by the Federal Government or any State Government or any local authority or statutory authority, of the effect of this Act, if an employee in any enterprise or the enterprise class receive any other benefits basically similar to or better than the benefits provided under this Act.
Exemption from a provision of this Act or more 101. The Minister may, by notification in the Gazette, exempt any employee or class of employees in any industry or enterprise class from one or more provisions relating to benefits provided under this Act.
Contributions, etc., due to the Organization should get priority of other debt 102. There shall be deemed to be included among the debts which, under any written law relating to the case of the needy in force in the State, is in the property is not able to be divided or in assets of a company which is being resolved himself to be divided, be paid with precedence of all other debts, the amount of money payable of any contribution or any other sum payable under this Act for liability which had existed before the pay date of order decision on the needy or completion date of the arrangement.
004b.fm Page 86 Monday, March 27, 2006 11:57 AM Employee social security 87 exercise of the powers and functions of the Organisation 103. All powers and functions that can be carried out by the organization under this Act shall be conducted by the Director General or by any officer authorized by it Organisation or by an authority that is authorized by the Minister.
Disposal of documents after more than three years 103A. (1) the Director may authorize any paper-based documents that belong to the Organization of copied over par material with electronic manner which will ensure that an accurate image of the document can be viewed, reproduced and copied.

(2) where a paper-based documents have been copied in accordance with subsection (1), the Director General may authorize the disposal of paper-based documents after the expiry of three years from the manufacture of the electronic copy.
(3) a copy of the document stored on electronic materials tara in accordance with subsection (1) shall be admissible as evidence of any fact stated therein in accordance with section 90A of the evidence Act 1950 [Act].
104. (Cut by the Act 478) power of Minister to make regulations 105. (1) the Minister may make regulations, not contrary to this Act, for administering the Affairs of and to implement this Act.
(2) in particular and without prejudice to the generality of the powers mentioned above, the regulations may make provision for all or any of the following matters, namely: (i) (struck by A675 Act);
(ii) (struck by A675 Act);
(iii) the manner in which any contribution payable under this Act is required to be assessed and collected;
004b.fm Page 87 Monday, March 27, 2006 11:57 AM 88 laws of Malaysia ACT 4 (iv) imposition of interest at the rate of not less than six per cent per annum on contributions due but not paid, subject to a minimum of five dollars for each month or part of a month that is not paid after the date of the supposed and conditions that allow the flower is not applicable;
(v) interest payable for the amount of money due to invalidity assistance;
(vi) recount the salary for the purpose of fixing the contributions payable under this Act;
(vii) the certificate of disability and eligibility for such benefits in the form of money;
(viii) how to determine the actuarial value at the time of periodic payments;
(ix) assessment of value for money for any interest that is not in the form of money;
(x) the period in time and forms with it a claim benefits can be made and details required to be disclosed in the claim;
(xi) the circumstances of how an employee who receives disability benefits can be dismissed, discontinued, reduced or even punished;
(xii) the manner in which and the place and time when a interest shall be paid;
(xiii) how to calculate the amount of interest in the form of money due and the circumstances of how and the extent of the replacement benefits disability and benefits of dependants may be allowed and how to calculate the replacement value;
(xiv) the conditions which enable a benefits suspended;
(xv) the requirements are complied with by any person upon receipt of an interest and periodic health examination of that person;
004b.fm Page 88 Monday, March 27, 2006 11:57 AM 89 Workers social security (xvii) the appointment of a medical practitioner for the purposes of this Act, the duty of the practitioner and health declaration form;
(xviii) penalty for violating rules by a fine (not more than two days of salary for infringing the first time and not more than three days wages for a particular infringing next) that can be imposed on employees;
(xix) the circumstances how and provision declares any regulations can be dikendurkan, the relaxation of the point and by the authority who may be allowed the relaxation;
(xx) the statement and the report is required to be served and register or record required to be maintained by the employer and the employer directly, the form of statements and reports, register or record it and the time the statement and the report is required to be served and the particulars to be contained in the statement, check and record it;
(xxa) offence can and for mengkompaunkan is compounded offences;
((XIX)) the duties and powers of Inspectors and officials and other servants Organization;
(xxia) membership of the Council of doctors, including Cabinet Special Doctor;
(xxii) the composition of the Cabinet and the Cabinet Appeal social security Doctors appeal, credentials of the person can be appointed as the Chairman and members, and conditions of service of the Chairman and the Member;
(xxiii) the procedure to be followed in proceedings before the Cabinet Appeal social security and the Cabinet and the implementation of the results of the Doctor Appeals by the Cabinet of the appeal;
(xxiv) the fee payable for an application made to the Cabinet, social security Appeal expenses incidental to the proceedings of the Congregation, told nature that the application should be made to the Cabinet and the particulars required to be indicated in the application;
004b.fm Page 89 Monday, March 27, 2006 11:57 AM 90 laws of Malaysia ACT 4 (xxv survey games) the establishment of hospitals, dispensaries and other Foundation, the earmarking of the insured to hospitals, dispensaries or other Foundation in consultation with the Ministry of health;
(xxvi) form medical benefits to be held in any hospital, clinic, dispensary or Foundation, medical records maintenance and delivery statement of statistics;
(xxvii) types and limitations of staff, equipment and medicine that will be held in hospitals, dispensaries and the Foundation;
(xxviii) the procedure required to be followed when mail contributions to the Organization;
(Olympiad) registration of the enterprise;
(xxx) the matters required to be considered in the regular evaluation of assets and liabilities Organizations;
(xxxi) Social Security Fund investment and transfer or perealisasiannya, the bank where the money Organizations can be stored, get and repay the loan and financial controls and procedures in consultation with the Minister of finance;
(xxxia) the imposition of any fees or charges for the provision of any information or document that is in the custody of the Organization; and (xxxii) of any matter in respect of which regulations required or permitted to be made by this Act.
The duty of the Board to repeat the study benefits of 106. Without prejudice to section 59I, when material changes in the overall income arising from material changes in cost of living, the Board shall examine the position based on the actuarial valuation made under section 82 and shall make recommendations to the Minister for Social Insurance Plans adjust to maintain the real value of certain cash benefits. Recommendation of the Board, which shall be accompanied with the actuarial report and also take into account the Government's social policy, may include — 004b.fm Page 90 Monday, March 27, 2006 11:57 AM 91 Workers social security (a) proposals for the new salary scale economy class and contributions; (b) proposals for changes of interest rate cash including pension rates already in payment; and (c) the expansion of benefits.
106A interest rate. The interest rate as set out in section 20, 20A, 30 and in the Fourth Schedule shall apply to all cases is receiving interest payment on the date such rates come into force: provided that any interest and in addition to the benefits already provided by law shall be deducted from the new recomputed rate as provided by that section: and provided further that this section does not affect a case if interest paid is more than the New: recomputed And provided further that in the case when the insured receiving invalidity pension dies before 1 February 1986, the amount of the monthly rate for the purpose of pension invalidity pension under section 20A penakat was the amount entitled to received by insured who died that if he is still alive in January 1986.
Additional benefits of 107. Any other benefits can be added to the benefits provided by this Act, subject to such form and the terms and conditions provided by the law and the law is a part of this Act.
Power to eliminate complications 108. (1) if any inconvenience arising in implementing the provisions of this Act, the Minister or the Minister of finance, as the case may be, may, with the 004b.fm Page 91 Monday, March 27, 2006 11:57 AM 92 laws of Malaysia ACT 4 order published in the Gazette, make such provision or give any direction which is not contrary to the provisions of this act as it considers necessary or expedient to eliminate the difficulties.
(2) any order made under this section shall have effect notwithstanding any other provision to the contrary in any regulations made under this Act.
Liabilities of the Association and several directors 108A. If any amount of money is a contribution, together with any interest due thereon remains unpaid by any company, firm or Association of persons, notwithstanding anything to the contrary in this Act or any other written law, a Director of the company including any person who is a Director of the company during the period of the contribution due, or members of the firm include any person who is a member of the firm during the period the contribution due or Office bearers Association of the person, including any person who is the holder of the position of the Association within the contributions payable, as the case may be, shall together with the company, firm or Association of such person liable in association and several of the contributions plus interest due and payable thereon to the organisation.
Get reimbursed contributions, etc.
109. Without prejudice to any other means to obtain contribution or other money due or that may be obtained under this Act, any debt due to the organisation can be obtained, as if it all outstanding rent arrears or an amount of money to be paid to local authorities:

Provided that this section shall not be enforceable da lam a Neger i aka seh ingga d i t e r ima o consequences of the State Legislature.
The Authority Of The Director-General Of 110. (1) for the purposes of this Act, the Director-General and any other officer authorized by it Organizations is 004b.fm Page 92 Monday, March 27, 2006 11:57 AM 93 Workers social security has all the powers a sessions Court judge to sue and inspect employers, insured, witnesses and other persons and operate the oath or affirmation and to compel the production of documents and things material.
(2) any person who in any way deliberately prevent delivered or complied with any summons and any person summoned that ignore attend and submit documents as required in the summons may be punished by imprisonment for a term which may extend to two years, or a fine not exceeding ten thousand dollars, or both.
(3) the Director General or any other officer authorized by him shall be deemed to be public servants within the meaning of the Penal Code.
Organizations dealing with authorized person 111. (1) in all matters of interest under this Act, the organization can deal directly with the insured or person as his dependants, or an officer of a registered trade union authorised in writing by the insured person or person as his dependants, or a legal practitioner to represent the insured person or person as his dependants.
(2) the organization may refuse to serve any representations made by any other person.
Benefits for two or more consecutive 112. (1) where a permanent disability as a result of two or more consecutive accident, he is not in the same period are entitled to disability benefits for permanent disability which is more than the daily rate for direct permanent disability.
(2) the Minister may make regulations to provide for co-ordinating the disability benefits that are payable in respect of an accident in a row or condition for receipt of the benefits in any case 004b.fm Page 93 Monday, April 27, 2006 11:57 AM 94 laws of Malaysia ACT 4 the disability benefits was replaced by payment at once.
The FIRST SCHEDULE [section 2] (1) any person who is paid more than three thousand dollars per month: provided that if after an employee is liable to pay contributions as provided in section 6 of this Act, the salary of the worker at any time exceeding three thousand dollars a month, the worker shall not, solely by reason of this paragraph, be deemed to be excluded from the provisions of this Act, but his salary shall be for the purposes of this Act , described as three thousand dollars per month: And provided further that in any other case, if someone that his salary more than three thousand dollars a month, and her employer chose to pay any contributions according to this Act, that person shall be deemed to be a worker under this Act.
(2) Whoever her employment application part-time and employed other than for the purposes of the enterprise of his employer.
(3) a household servants, that is, a person who is employed solely in work or in respect of a dwelling house alone and not work for any trade, business or profession carried out by employers in the dwelling house and includes a person cooks, servants home (including servants bedrooms and a kitchen), server, butler, people observe child or baby, footman, valet , farmers, men wash cloth, women wash cloth, wakes, sais, driver or car wash any licensed for use alone.
(4) a person, that is, someone who tributer allowed to acquire any type of mines or as a result of or upon another person and who, in return for the truth, giving some mines or to the proceeds from the others or to pay to him the value of that part.
(5) a husband or wife for employers or for the employer at all.
(6) a member of the armed forces of Malaysia or of any local team established under any written law or from any Team visitor are lawfully in Malaysia under any law relating to the Visitor Team.
(7) a police officer, and any other person employed to perform the duties of the police in accordance with the provisions of any written law while performing the obligation.
(8) a person who is detained in prison, Henry Gurney School, school approved, free prisoners, mental hospital, or settlement kusta.
004b.fm Page 94 Monday, March 27, 2006 11:57 AM Employee social security 95 (9) – (11) (Cut by the Act A814).
(12) as far as provisions of this Act relating to invalidity pension — (i) an employee who has attained the age of fifty years and in respect of which no contributions were payable before he reached the age of fifty years;
(ii) an employee who has attained the age of fifty five years; or (iii) a certified receiving invalidity invalidity pension.
(13) any class of persons declared by the Minister by notification in the Gazette as not included in those employees for the purposes of this Act.
SECOND SCHEDULE [section 2] part I of the list of disasters that are deemed to result in direct permanent disability no. Series Type Disaster per cent disability living 1. Missing both hands or pengudungan in members of the top 100 2. Missing one hand and side of the foot (ankle and below) 100 3. Pengudungan two members on the calves or thighs or calves or thighs pengudungan in on the side of the foot and missing legs (ankle down) another 100 4. Lost of sight until the claimant could not make any jobs that require vision 100 5. Severely impaired on page 100 6. Deaf deaf 100 004b.fm Page 95 Monday, March 27, 2006 11:57 AM 96 laws of Malaysia ACT 4 PART II list of disasters that are deemed to result in permanent partial disability no. Series Type Disaster per cent disability living Pengudungan — member upon (any one hand) 1. Pengudungan in the shoulder joints 90 2. Pengudungan in base of the arms with kudungnya less than 8 "from end of permatang belikat 80 3. Pengudungan under 8 "from end of permatang belikat to less than 41/2" below the tip of the elbow 70 4. Missing one hand or thumb and four fingers one hand or pengudungan from 41/2 "below the tip of the elbow 60 5. Lost thumb 30 6. Missing thumb and bone at the site of hand 40 7. Lost four fingers one hand 50 8. Missing three fingers one hand 30 9. Missing two fingers one hand 20 10. Lost bone segmental box end of thumb 20 Pengudungan — members of the bottom 11. Pengudungan both legs resulting in kudung menyangga 80 12 body. Pengudungan on both foot (ankle and below) over to the base of the bone joints of feet-toes 80 13. Lost all the fingers of both the joint bone feet-toes 40 14. Lost all the fingers of both feet more to the base of the base of the segmental box joint fingers 30 15. Lost all the fingers of both feet more to the end of the joint base of middle finger segmental box-20 16. Pengudungan in joints groin 90 004b.fm Page 96 Monday, March 27, 2006 11:57 AM Employee social security 97 17. Pengudungan under the joints groin with kudungnya no more than 5 "length is measured from the tip of the large hump femur 80 18. Pengudungan under the joints groin with kudungnya more than 5 "length is measured from the tip of the large hump but not more to the ends of the thigh 70 19. Pengudungan under the thigh no more than 31/2 "below the knee 60 20. Pengudungan below the knee with kudungnya more than 31/2 "but not more than 5" 50 21. Pengudungan below the knee with kudungnya more than 5 "40 22. Pengudungan next to the away result in kudung menyangga body 30 23. Pengudungan next to the foot (ankle and below) over to the base of the bone joints of feet-toes 30 24. Lost all the fingers next to the bone joints of the foot soles of the feet-toes 20 other Disaster 25. Missing one eye, without complications, the other side of the eye in normal circumstances 40 26. Lost sight in one eye, without complications or defective seed points, the other side of the eye in normal circumstances 30 27. Lost hearing direct remains in one ear 20 Missing — A — hand Finger on the right or left index finger 28. Around........................ 14 29. Two segmental box........................ 11 30. A segmental box........................ 9 31. Pengudungan tetak fingertips without missing bone. 5 No. Series Type Disaster per cent disability living 004b.fm Page 97 Monday, March 27, 2006 11:57 AM 98 laws of Malaysia ACT 4 Finger ghost 32. Around........................ 12 33. Two segmental box........................ 9 34. A segmental box........................ 7 35. Pengudungan tetak fingertips without missing bone 4 Finger kelingking 36. Around........................ 7 37. Two segmental box........................ 6 38. A segmental box........................ 5 39. Pengudungan tetak fingertips without missing bones 2 B — toes left or right toe 40. At the joint foot-toes............... 14 41. In part, with the loss of a bit of bone. 3 other toes 42. At the joint foot-toes............ 3 43. In part, with the loss of a bit of bone. 1 Two fingers next to the foot not including toe

44. In joint foot-toes............ 5 45. In part, with the loss of a bit of bone. 2 Three fingers next to the foot not including toe 46. At the joint foot-toes............... 6 47. In part, with the loss of a bit of bone. 3 Four finger next to foot not including toe 48. At the joint foot-toes............... 9 49. In part, with the loss of a bit of bone. 3 No. Series Type Disaster per cent disability living 004b.fm Page 98 Monday, March 27, 2006 11:57 AM 99 Workers social security (NOTE — direct and permanent loss of use of any Member referred to in this Schedule shall be deemed to be the same as the loss to the Member.)
THIRD SCHEDULE [section 6] CONTRIBUTION RATES 1. The first and second type of contribution shall be calculated by reference to the monthly salary and shall be paid at the rate indicated below.
1a. For the purposes of this schedule: (a) "salary" means the wages payable to an employee in respect of all pay period ending in the month; and (b) "pay period" means the period in respect of which the wages should be earned by an employee is due.
2. Part I — the first type of Contributions — for the cause and Disaster work.
Monthly Salary Of Employees Contribution Employer Contributions Total 1. Salaries to RM30............ 40 cents 10 cents 50 cents 2. When the salary of more than RM30 but not more than RM50 70 sen 20 cents 90 cents 3. When salaries exceeding RM50 but not more than RM70 RM 1.10 30 sen of 1.40 4. When the salary more than RM70 but not exceeding RM100 RM1.50 40 sen RM 1.90 5. When the salary above RM100 but not more than RM140 RM 2.10 60 sen to RM 2.70 6. When the salary more than RM140 but less than RM200 RM2.95 85 sen RM3.80 7. When the salary is more than 200 but not exceeding RM300 rm4.35 RM 1.25 RM 5.60 8. When the salary is more than RM300 but less than RM400 RM 6.15 RM 1.75 of 7.90 9. When salaries for more than 400 but not more than RM500 RM 7.85 RM 2.25 RM 10.10 004b.fm Page 99 Monday, March 27, 2006 11:57 AM 100 laws of Malaysia ACT 4 10. When the salary above RM500 but not exceeding RM600 RM 9.65 RM 2.75 RM 12.40 11. When the salary is more than 600 but less than 700 ringgit RM RM RM 3.25 11.35 14.60 12. When the salary is more than 700 but not exceeding 800 of 13.15 superseding RM3.75 RM 16.90 13. When payroll exceeds 800 but not exceeding RM900 RM RM RM 19.10 14.85 4.25 14. When salaries exceeding RM900 but not exceeding RM1, 000 RM RM RM 4.75 21.40 16.65 15. When salaries exceeding RM1, 000 but not exceeding RM1, 100 of 18.35 RM 5.25 RM 23.60 per 16. When salaries exceeding RM1, 100 but not exceeding RM1, 200 RM RM RM 20.15 RM5.75 25.90 17. When salaries exceeding RM1, 200 but not exceeding RM1, 300 RM RM RM 21.85 28.10 6.25 18. When salaries exceeding RM1, 300 but not exceeding RM1, 400 RM RM RM 30.40 23.65 6.75 19. When the salary above RM1, 400 but not more than 1,500 RM RM RM 25.35 7.25 32.60 20. When the salary of more than 1,500 but not exceeding RM1, 600 RM RM RM 34.90 27.15 7.75 21. When salaries exceeding RM1, 600 but not exceeding RM1, 700 RM RM RM 28.85 8.25 37.10 22. When salaries exceeding RM1, 700 but not exceeding RM1, 800 RM RM RM 30.65 8.75 39.40 23. When salaries exceeding RM1, 800 but not exceeding RM1, 900 RM RM RM 32.35 9.25 41.60 24. When salaries exceeding RM1, 900 but less than RM2, 000 RM RM RM 34.15 9.75 43.90 25. When salaries exceeding RM2, 000 but not exceeding RM2, 100 RM RM RM 35.85 10.25 46.10 26. When the salary more than RM2, 100 but not exceeding RM2, 200 RM RM RM 10.75 48.40 37.65 27. When salaries exceeding RM2, 200 but not exceeding RM2, 300 RM RM RM 39.35 11.25 50.60 28. When salaries exceeding RM2, 300 but not exceeding RM2, 400 RM RM RM 52.90 41.15 11.75 29. When the salary more than RM2, 400 but not more than RM2, 500 RM RM RM 55.10 42.85 12.25 Contributions Employer Contributions monthly salary Workers Total 004b.fm Page 100 Monday, March 27, 2006 11:57 AM Employee Social Security 101 3. (Struck by Act A814).
4. Part III — the second type of Contribution for the occurrence of Disaster Work only. (Contributions shall be paid solely by the employer).
30. When a salary in excess of RM2, 500 but not exceeding RM2, 600 RM RM RM 44.65 12.75 57.40 31. When salaries exceeding RM2, 600 but not more than 2,700 RM RM RM 46.35 13.25 59.60 32. When the salary is more than 2,700 but less than RM2, 800 RM RM RM 48.15 13.75 61.90 33. When salaries exceeding RM2, 800 but not exceeding RM2, 900 RM RM RM 49.85 14.25 64.10 34. When salaries in excess of RM2, 900 in. .. RM RM RM 66.40 51.65 14.75 Salary Contributions Employers 1. Salaries to RM30..................... 30 cents 2. When the salary of more than RM30 but not more than RM50 50 cents 3. When salaries exceeding RM50 but not more than RM70 80 cents 4. When the salary more than RM70 but not exceeding RM100 of 1.10 5. When the salary above RM100 but not more than RM140 RM 1.50 6. When the salary more than RM140 but not more than 200 RM 2.10 7. When the salary is more than 200 but not exceeding RM300 RM3.10 8. When the salary is more than RM300 but less than RM400 RM 4.40 9. When salaries for more than 400 but not more than RM500 RM 5.60 10. When the salary above RM500 but not exceeding RM600 RM 6.90 11. When the salary is more than 600 but less than 700 ringgit RM 8.10 Salary Contributions Employer Contributions Employees Total 004b.fm Page 101 Monday, March 27, 2006 11:57 AM 102 laws of Malaysia ACT 4 12. When the salary is more than 700 but not exceeding 800 RM 9.40 13. When payroll exceeds 800 but not exceeding RM900 of 10.60 14. When salaries exceeding RM900 but not exceeding RM1, 000 RM 11.90 15. When salaries exceeding RM1, 000 but not exceeding RM1, 100 of 13.10 16. When salaries exceeding RM1, 100 but not exceeding RM1, 200 RM 14.40 17. When salaries exceeding RM1, 200 but not exceeding RM1, 300 RM 15.60 18. When salaries exceeding RM1, 300 but not exceeding RM1, 400 of 16.90 19. When the salary above RM1, 400 but not more than 1,500 RM 18.10 20. When the salary of more than 1,500 but not exceeding RM1, 600 of 19.40 21. When salaries exceeding RM1, 600 but not exceeding RM1, 700 of 20.60 22. When salaries exceeding RM1, 700 but not exceeding RM1, 800 RM 21.90 23. When salaries exceeding RM1, 800 but not exceeding RM1, 900 RM 23.10 24. When salaries exceeding RM1, 900 but less than RM2, 000 RM 24.40 25. When salaries exceeding RM2, 000 but not exceeding RM2, 100 of 25.60 26. When the salary more than RM2, 100 but not exceeding RM2, 200 RM 26.90 27. When salaries exceeding RM2, 200 but not exceeding RM2, 300 RM 28.10 28. When salaries exceeding RM2, 300 but not exceeding RM2, 400 of Monthly Salary Employer Contribution 29.40 004b.fm Page 102 Monday, March 27, 2006 11:57 AM 103 Workers social security the FOURTH SCHEDULE [sections 20, 22, 26] DISABILITY BENEFITS and BENEFITS DEPENDANTS 1. (1) daily rate interest is as follows: (a) for temporary disability, an amount equal to the amount of with eighty percent average daily salary of presumption;
(b) for direct permanent disability, an amount equal to the amount of with ninety percent of the daily average wage assumption.
(2) for the purposes of this paragraph, "average daily salary is presumption" means the average daily salary of a presumption that the insured gets disaster work resulting in the disability. 2. average daily salary is presumption pursuant to paragraph above of one thirtieth of the average monthly salary for insured that presumption.
3. the average monthly salary is presumption referred to in paragraph 2 is an amount worth a total monthly salary assumption for each month for which the first or second type of contributions paid or payable within six months continued immediately before the month in which the disaster occurred, divided by the number of months for which the contributions were paid or payable : provided that where an insured has worked for less than 24 days in a given month, contributions paid or 29. When the salary more than RM2, 400 but not more than RM2, 500 RM 30.60 30. When salaries exceeding RM2, 500 but not exceeding RM2, 600 RM 31.90 31. When salaries exceeding RM2, 600 but not exceeding RM2, 700 of 33.10 32. When the salary is more than 2,700 but less than RM2, 800 of 34.40 33. When salaries exceeding RM2, 800 but not exceeding RM2, 900 RM 35.60 34. When salaries in excess of RM2, 900............ RM 36.90 Salary Contributions Employer 004b.fm Page 103 Monday, March 27, 2006 11:57 AM 104 laws of Malaysia ACT 4 payable for that month in respect of cannot be taken into account for calculating the average monthly salary is presumption.
4. Monthly salary presumption set out in paragraph 3 in respect of each month is the amount shown in the order the following as equivalent to the rate of first or second type of contributions paid or payable for that month.
The actual salary for the month of the First type of Second Type monthly salary equivalent presumption for the month 1. Salaries to RM30............ 50 cents from 30 cents from 20 to 2. When the salary of more than RM30 but not more than RM50 90 sen per 50 sen RM40 3. When salaries exceeding RM50 but not more than RM70 RM 1.40 80 sen 60 4. When the salary more than RM70 but not exceeding RM100 of 1.10 RM85 RM 1.90 5. When the salary above RM100 but not more than RM140 RM 2.70 RM1.50 120 6. When the salary more than RM140 but less than RM200 RM3.80 RM 2.10 RM170 7. When the salary is more than 200 but not exceeding RM300 RM RM250 RM3.10 5.60 8. When the salary is more than RM300 but less than RM400 RM of 4.40 RM350 7.90 9. When salaries for more than 400 but not more than RM500 RM of 5.60 RM450 10.10 10. When the salary above RM500 but not exceeding RM600 RM 12.40 RM 6.90 RM550 11. When the salary is more than 600 but less than 700 ringgit RM 14.60 RM 8.10 RM650

12. When the salaries of more than 700 but not exceeding 800 RM 16.90 RM 9.40 RM750 13. When payroll exceeds 800 but not exceeding RM900 of 19.10 RM 10.60 RM850 004b.fm Page 104 Monday, March 27, 2006 11:57 AM Employee social security 105 14. When salaries exceeding RM900 but not exceeding RM1, 000 RM 21.40 RM 11.90 RM950 15. When salaries exceeding RM1, 000 but not exceeding RM1, 100 RM 23.60 per RM 13.10 RM1, 050 16. When salaries exceeding RM1, 100 but not exceeding RM1, 200 RM 25.90 RM 14.40 RM1, 150 17. When salaries exceeding RM1, 200 but not exceeding RM1, 300 RM 28.10 RM 15.60 RM1, 250 18. When salaries exceeding RM1, 300 but not exceeding RM1, 400 of 30.40 RM 16.90 RM1, 350 19. When the salary above RM1, 400 but not more than 1,500 RM 32.60 RM 18.10 RM1, 450, 20. When the salary of more than 1,500 but not exceeding RM1, 600 RM 34.90 RM 19.40 RM1, 550 21. When salaries exceeding RM1, 600 but not exceeding RM1, 700 of 37.10 RM 20.60 RM1, 650 22. When salaries exceeding RM1, 700 but not exceeding RM1, 800 of 39.40 RM 21.90 RM1, 750 23. When salaries exceeding RM1, 800 but not exceeding RM1, 900 of 41.60 RM 23.10 RM1, 850 24. When salaries exceeding RM1, 900 but less than RM2, 000 RM 43.90 RM 24.40 RM1, 950 25. When salaries exceeding RM2, 000 but not exceeding RM2, 100 RM 46.10 RM 25.60 RM2, 050 26. When the salary more than RM2, 100 but not exceeding RM2, 200 RM 48.40 RM 26.90 RM2, 150 27. When salaries exceeding RM2, 200 but not exceeding RM2, 300 RM 50.60 RM 28.10 RM2, 250 28. When salaries exceeding RM2, 300 but not exceeding RM2, 400 of 52.90 RM 29.40 RM2, 350 29. When the salary more than RM2, 400 but not more than RM2, 500 RM 55.10 RM 30.60 RM2, 450 real salary for the month of the First type of Second Type monthly salary equivalent presumption for the month 004b.fm Page 105 Monday, March 27, 2006 11:57 AM 106 laws of Malaysia ACT 4 4A. If there are any first or second type of contributions paid or payable for the insured within six months immediately before the ongoing disaster of the month work or if none of the contributions paid or payable within six months immediately before the ongoing disaster of the month work may be taken into account for the purpose of calculating the average monthly salary according to the presumption provision to paragraph 3 daily interest rate permitted for temporary disability shall be as much as eighty percent and direct permanent disability shall be of ninety per cent of the average monthly salary is presumption of someone employed in a job similar to that by the same employer or any employer in the same area divided by thirty: provided that for the purposes of this paragraph the average monthly salary is presumption shall be equal to the amount of monthly salary is presumption for person employed in occupations the similar by the same employer or, if there is no such person, any other person in the area of employment with the same employer in the same area for which the first or second type contributions paid or payable within six months continued immediately before the month in which the Act of work in question occurred, divided by the number of months for which the contributions were paid or payable : provided further that where an insured has worked for less than 24 days in a given month, the contribution for the month was paid or payable in respect of which cannot be taken into account for calculating the average monthly salary is presumption.
30. When a salary in excess of RM2, 500 but not exceeding RM2, 600 RM 57.40 RM 31.90 RM2, 550 31. When salaries exceeding RM2, 600 but not exceeding RM2, 700 of 59.60 RM 33.10 RM2, 650 32. When the salary is more than 2,700 but less than RM2, 800 RM 61.90 RM 34.40 RM2, 750 33. When salaries exceeding RM2, 800 but not exceeding RM2, 900 RM RM 64.10 RM2, 850 35.60 34. When salaries in excess of RM2, 900 in. .. RM of 66.40 36.90 RM2, 950 actual salary for the month of the First type of Second Type monthly salary equivalent presumption for the month 004b.fm Page 106 Monday, March 27, 2006 11:57 AM Employee social security 107 5. If there are any first or second type of contributions required to be paid or payable within six months continued immediately before the month in which the disaster occurred or if there are any contributions paid or payable within six months immediately before the ongoing disaster of the month work may be taken into account for the purpose of calculating the average monthly salary according to the presumption provision to paragraph 3 or, if a daily rate of interest calculated under paragraph 1 or paragraph 4A is less than the minimum rate set by the Minister from time to time by regulations, then in such matter daily rate of interest allowed for temporary disability or disability directly remains the minimum rate shall be deemed to be prescribed by the Minister from time to time by regulations.
6. (Cut by A1232 Act).
7. the daily Rate interest permanent partial disability of percent daily rate direct permanent disability as specified in the second schedule as a percentage disability living caused by partial permanent disability that: provided that for permanent partial disability not specified in the second schedule, the daily interest rate of a per cent of direct disability interest rates which remain as balanced with disability a permanent living due to permanent partial disability it: and yet provided that if an accident that resulted in more than one disaster, daily rate interest for the disaster should be collected but however cannot exceed the benefits of direct permanent disability.
8. the daily Rate interest dependants is as follows: (i) to the widow or widower, of three-fifth of daily rate interest direct permanent disability of the insured who died if the deceased received the disability from work resulting in his death disaster it;
(ii) for every one child, two-fifth of the daily interest rates disability direct permanent as referred to in (i): provided that if the amount of benefit liabilities divided between the widow or widower, son or children exceeding at any time the daily rate interest direct permanent disability, the share for each dependants shall be reduced in accordance with the balance so that the sum of all payable do not exceed daily rate interest direct permanent disability 004b.fm: Page 107 Monday, March 27, 2006 11:57 AM 108 laws of Malaysia ACT 4 provided further that if there is no widow or widower or widow or widower or dead, the daily interest rates for each of the children shall be of three-fifth of daily rate interest direct permanent disability referred to in (i), and if there are more than a child , the amount payable shall be divided equally between them.
9. If the insured died without leaving the widow or widower or child dependants, interest shall be paid to dependants, such as the following: (a) the parent or grandmother or grandfather, lifetime, four-tenth of daily rate interest direct permanent disability as may be allowed for insured who died that if he got a direct permanent disability of disaster work , and in the event of more than one amount payable to a parent or grandmother or grandfather like mentioned above shall be divided equally between them;
(b) to a person other liabilities until she marries or until he reaches the age of twenty-one years, whichever is earlier, or if he has become widow until she married again or until he reaches the age of twenty-one years, whichever is the earlier, an amount equal to the amount of three-tenth full rate, and if there is more than one person liability under this subparagraph , the amount payable shall be divided equally between them.
10. (Cut by A1232 Act).
The FIFTH SCHEDULE [section 28] DISEASES disease or disaster SERVICE Description Service Type job 1. Diracuni by: any job involving — (a) Lead or lead compounds the use or handling of, or exposure to, fumes, dust or vapour of lead or lead compounds or materials containing lead.
004b.fm Page 108 Monday, March 27, 2006 11:57 AM 109 Workers social security (b) Phosphorus use or handling of, or exposure to the fumes, dust, steam or phosphorus or phosphorus or compounds containing phosphorus.
(c) the use of Arsenic or handling, or exposure to the fumes, dust, steam or arsenic or arsenic or compounds containing arsenic or exposure to any solution which contains arsenic or compounds of arsenic.
(d) Mercury use or handling of, or exposure to, fumes, dust or vapour mercury or mercury compounds or materials containing mercury.
(e) the Carbon bisulfida the use or handling of, or exposure to the fumes of, or vapour, carbon bisulfida or bisulfida or carbon compounds containing carbon bisulfida.
(f) Benzine or a homolognya the use or handling of, or exposure to, fumes or steam containing, benzine or any homolognya and amino derivative materials and nitronya.

(g) the use of Manganese or handling, or exposure to the fumes, dust, steam or manganese or manganese compounds or materials containing manganese.
(h) isotope beryllium handling, or use of, or exposure to dust, fumes or steam, or isotope beryllium isotope beryllium compound or material containing the isotope beryllium.
(i) the use or handling of Cadmium, or exposure to dust, fumes or steam, or cadmium or cadmium compounds containing cadmium.
(j) the use of or operation of the antimony, or exposure to dust, fumes or steam, or antimony or antimony compounds containing antimony.
About disease or disaster service jobs 004b.fm Page 109 Monday, March 27, 2006 11:57 AM 110 laws of Malaysia ACT 4 (k) Fluorin use or handling of, or exposure to dust, fumes or steam, or fluorin fluorin compounds or materials containing fluorin.
(l) Nickel the use or handling of, or exposure to, fumes, dust or steam nickel or nickel compounds or materials that contain nickel.
(m) use of Chromium or handling, or exposure to the fumes, dust, steam or chromium or chromium compounds or materials containing chromium.
(n) Organoklorin, organofosfat, karbamat, nitrofenol, pentaklorofenol, dimetilditiokarbamat or klorofenoksi compounds and dipiridil use or handling, organoklorin, organofosfat, karbamat, nitrofenol, pentaklorofenol, dimetilditiokarbamat or klorofenoksi compounds and dipiridil to destroy pests or vermin.
(o) Fumes nitrus use or handling of nitrik acid or exposure to fumes nitrus.
(p) Wood Wood rengas rengas pengerjaan or any process of manufacture of goods therefrom or process incidental to manufacturing goods from it.
(q) Gas hydrogen cyanides or hydrogen sulfide the use or handling of, or exposure to fumes or steam, gas or hydrogen sulfide hydrogen cyanides.
(r) publications halogen hydrocarbons aliphatic or aromatic hidrokarban production, release or use of hydrocarbons of the aliphatic series or series of aromatic and publications halogennya.
(s) alcohol, glikol, ketones or aldehid the use or handling of, or exposure to fumes or steam, alcohol, glikol, ketones or aldehid.
About disease or disaster service jobs 004b.fm Page 110 Monday, March 27, 2006 11:57 AM Employee social security 111 (t) Gas carbon monoxide use or handling of, or exposure to the gas, carbon monoxide, and any process that involves the use of — (a) dynamite and explosive powder for peletusan in-lane underground;
(b) gas penyinar; (c) gas or gas furnace; (d) bagas furnace, furnace and stove for burning coal and fuel kok another;
(e) gas engine. (u) peletusan, Gas carbon dioxide mineral water manufacturing, fermentation in beer factory and the formation of lime in rotary kiln lime.
(v) Dietilena dioxide (dioksana) the use or handling of, or exposure to fumes or steam, that contain dietilena dioxide.
2. Antraks any work involving the handling of wool, hair, bristle, belulang or skin or revenue or other balance of animals, or contact with animals infected with antraks.
3. Glanders any occupation involving contact with animals and the type of riding or bangkainya.
4. Leptospirosis any jobs involving work in a lot of rats or other roden and any job that involves care or handling of dogs, cattle, pigs and a horse or any other animal that has been infected with the disease.
About disease or disaster service jobs 004b.fm Page 111 Monday, March 27, 2006 11:57 AM 112 laws of Malaysia ACT 4 5. (a) Ulcers on the surface of the cornea of the eye (b) new Tumors on the skin, localized or berbintil (c) berbelulang epithelium Cancer or ulcers on the skin caused by tar, gegala, Paddy husk, bitumen, mineral oil (including parafin), jelaga or any compound, revenue or balance any of this any occupation involving the use or handling of, or exposure to tar, gegala, Paddy husk, bitumen, mineral oil (including parafin) , jelaga, dust or any organic compounds, revenue or the balance of any of this.
6. chrome Ulcers any occupation involving the use or handling of chromate or kromik acid, bikron tamonium, potassium, zinc or sodium, or any preparation or solution containing any of these substances.
7. Inflammation, ulcers or malignant disease or skin or bone tissue, subkutis at, or anemia or leukemia type aplastik, caused by x-rays, ionizing particle, radium or other radioactive material or other forms of radiation energy of any occupation involving exposure to x-rays, ionizing particle, radium or other radioactive material or other forms of radiation energy.
8. toxic Jaundice of any occupation involving the use or handling of hydrocarbon berhalogen or publications nitron or amino benzine or other toxins.
9. hot Bular radiation any occupation involving frequent or prolonged exposure to light or rays from molten glass or molten metal or metal red incandescent or frequent or prolonged exposure to radiation.
About disease or disaster service jobs 004b.fm Page 112 Monday, March 27, 2006 11:57 AM Employee social security 113 10. Selulitis subkutis or severe bursitis arising on or around the knees of any occupation involving gross cause friction or pressure strong or long on or around the knees.
11. Selulitis subkutis at the hands of any occupation involving gross cause friction or pressure strong or long at hand.
12. Selulitis subkutis or severe bursitis arising on or around the elbow any occupation involving gross cause friction or pressure strong or long on or around the elbow.
13. Swelling in the joint of the wrist pad sinovial and unhealed tendons any occupation involving gross or movement of the hand or wrist in regular or repetitive.
14. heat Cramps or stroke hot any jobs involving excessive exposure to heat.
15. hand Cramps or the front arm movement due to recurrent-repeat any occupation involving prolonged period writing, typing or other finger movements, hands or arms over and over again.
16. compressed air Illness or condition due to it any jobs or processes carried out in the compressed air or under water.
17. (a) Tuberkulosis or kusta any occupation involving frequent or close contact with the source or sources of the infection tuberkulosis or kusta due to employment — (a) in the medical treatment of a person suffering from tuberkulosis or kusta or in a service incidental to the treatment;
(b) in treating a person suffering from tuberkulosis or kusta, if the service is necessary by reason of physical or mental weakness of such person;
About disease or disaster service jobs 004b.fm Page 113 Monday, March 27, 2006 11:57 AM 114 laws of Malaysia ACT 4 (c) as a researcher conducting research with respect to tuberkulosis or kusta; or (d) as a laboratory worker, pathologist or post-mortem worker, if the job involves the use of objects that are the source of infection or tuberkulosis kusta or in any work incidental thereto.
(b) Viral hepatitis any job involving — (a) frequent and close contact with human blood or human blood; or (b) close contact and frequent source of infection with viral hepatitis because work giving medical treatment to a person who is suffering from viral hepatitis, or in any service incidental thereto.
18. Broken hearing caused by noise any jobs involving excessive exposure to noise the sound pressure at industry level in excess of the 85 decibel high for a period of 8 hours.
19. Dermatitis service any work involving the handling of mineral oil, acid, alkali, dust, or any other external agents that could interfere with the skin.
20. Diseases caused by vibration (disorders of muscles, tendons, bones, joints, blood vessel edge or nervous) any occupation involving exposure to vibration.
21. Lung cancer caused by asbestos mesotelioma or any job involving mining, processing or handling objects that contain asbestos.
About disease or disaster service jobs 004b.fm Page 114 Monday, March 27, 2006 11:57 AM 115 22 Workers social security. Bronko pulmonary disease any occupation involving exposure to puff hard metal dust, dust, dust, cotton or flax or sisal rami.
23. Disorders of the lungs any job involving sulfur oxide puff, chlorine, ammonia, fosgen, bromin, ozone or nitrogen dioxide.
24. Asthma services caused by sensitization agents or pengganggu.
Any occupation involving exposure to mineral dust suction such as cement, copper, zinc, dust, such as bone or hair, or dust derived from plants such as cotton, wood, flax, jute, Cork, rice husk, spices, rami, sisal, tobacco, tea, powder or gas or steam-steam toluena diisosianat or formaldehyde.
25. Pneumokoniosis (silikosis, antrakosilikosis, stanosis, asbestosis exclusion, siderosis or siderosilikosis) any employment involving — (a) mining work, mengkuari or

working on a silica or sand stone kuarzos cleaning or performing any sediment cleaning silica or silica dried balance or any mixture of cleaning that contains the thing;
(b) the operation of any of the things set out in subparagraph (a) in or incidental to any employment referred to therein or extensive exposure to dust arising from the job;
(c) the unilateral, penghancuran or grinding flin or pengerjaan or operating flin broken, destroyed or terkisar or objects containing such disclosure flin or many to dust arising from the job;
About disease or disaster service jobs 004b.fm Page 115 Monday, March 27, 2006 11:57 AM 116 laws of Malaysia ACT 4 (d) peletusan sand by using compressed air in conjunction with the use of kuarzos silica sand or stones or a crushed flin, or extensive exposure to dust arising from the sand peletusan;
(e) mineral graphite grinding or extensive exposure to dust arising from the grinding;
(f) employment in place of Foundry or implementation, or extensive exposure to dust arising from, any of the following work: (i) the release of steel casting processes attached to siliseus;
(ii) the release of metal casting processes attached to siliseus;
(g) kaolin or manufacturing goods pottery pottery (including sanitary pottery items, electric pottery tiles), and any job that involves a lot of exposure to dust arising therefrom;
(h) the processing of granite or large igneous stone by stone craftsmen or penghancuran the objects or exposure to dust arising therefrom;
(i) the use of, or preparation for the batu giling or extensive exposure to dust arising therefrom;
(j) Calc-clean boilers or extensive exposure to dust arising therefrom;
About disease or disaster service jobs 004b.fm Page 116 Monday, March 27, 2006 11:57 AM 117 Employees social security (k) pengerjaan or handling of any asbestos or asbestos, or mixture manufacturing or repair asbestos textiles or other items that contain asbestos or exposure to dust arising from any employment referred to earlier;
(l) employment in any mine (in the basement or on the ground) that one of the purposes of the mining job was to obtain any minerals, or pengerjaan or operation of any mineral extracted therefrom, or any work incidental thereto;
(m) the manufacture of carbon electrodes for electrolytic extraction uses aluminium oxide and any occupation involving exposure to dust arising therefrom;
(n) exposure to puff dust containing iron and silica or hematit;
(o) exposures to dust or fumes suction Tin.
26. Cancer caused by — any job involving — (a) 4-aminobifenil the use or handling of, or exposure to, fumes, dust or steam 4-aminobifenil or materials containing 4-aminobifenil.
(b) Arsenic use or handling of, or exposure to dust, fumes or steam, or arsenic containing arsenic.
(c) the use or operation, Benzine or exposure to dust, fumes, steam or benzine or materials which contain benzine.
About disease or disaster service jobs 004b.fm Page 117 Monday, March 27, 2006 11:57 AM 118 laws of Malaysia ACT 4 (d) use or handling, Benzidina or exposure to dust, fumes or steam, or material containing benzidina benzidina.
(e) Bis-kloro metil ether of the use or handling of, or exposure to the fumes, dust, steam or bis-ether metil kloro or materials that contain bis-kloro ether metil.
(f) Chromium use or handling of, or exposure to dust, fumes or steam, or chromium containing chromium.
(g) the use or handling of Hematit, or exposure to the fumes, dust or steam hematit or material containing hematit.
mustard Gas (h) use or handling of, or exposure to mustard gas or material containing mustard gas.
(i) B-naftilamina use or handling of, or exposure to, fumes, dust or steam B-naftilamina or material containing B-naftilamina.
(j) the Nickel the use or handling of, or exposure to, fumes, dust or steam nickel or nickel-containing materials.
(k) Jelaga, tar and oil use or handling of, or exposure to jelaga, tar and oil.
(l) Vinyl chloride use or handling of, or exposure to the fumes, dust, steam or vinyl chloride or materials containing vinyl chloride.
(m) the aromatic Hydrocarbon particles shaped polisiklik the use or handling of, or exposure to the fumes, dust, steam or aromatic hydrocarbons or polisiklik containing aromatic hydrocarbons polisiklik.
(n) Akrilonitril the use or handling of, or exposure to the fumes, dust, steam or akrilonitril or material containing akrilonitril.
About disease or disaster service jobs 004b.fm Page 118 Monday, March 27, 2006 11:57 AM 119 Workers social security (o) 1, 2-dibromoetana (etilena dibromida) use or handling of, or exposure to, fumes, dust or steam etilena dibromida or material containing dibromida.
(p) sawdust the use or handling of, or exposure to wood dust, arising from the manufacture of wood products.
(q) Benz-o-pirena the use or handling of, or exposure to, fumes, dust or steam benz-o-pirena or material containing benz-o-pirena.
(r) formaldehyde use or handling of, or exposure to, formaldehyde.
27. fibrotik Lung Disease caused by — any job involving — (a) talcum powder use or handling of, or exposure to, fumes, dust talcum powder or materials containing talcum powder.
(b) aluminium the use or handling of, or exposure to the fumes, dust, steam or aluminium or aluminium-containing materials.
(c) coal use or handling of, or exposure to, fumes, dust or steam coal or materials containing coal.
(d) the rice husk the use or handling of, or exposure to, the chaff dust or rice or rice husk containing.
About disease or disaster service jobs 004b.fm Page 119 Monday, March 27, 2006 11:57 AM 120 laws of Malaysia ACT 4 the SIXTH SCHEDULE [section 59D] meetings 1. (1) the Board shall meet at least three times in each year.
(2) meetings of the Board shall be called by the Chairman or, if he is not available, by any person appointed by the Minister to act as Chairman, and the meeting shall be issued with a notification signed by the Chairman, any person appointed by the Minister to act as Chairman or Secretary.
(3) the quorum for the Board of six members including the Chairman or any person appointed by the Minister to act as the Chairman who chaired the meeting.
(4) If the Board had to decide a question with the vote, and the number of votes obtained equal, the Chairman shall be entitled to give a casting vote in addition to his original vote.
(5) the Board may require a person, who is not a member thereof, attend a meeting for the purpose of advising it or provide information about any subject in the discussion but that person is not entitled to vote.
(6) subject to this Act, the Board shall regulate its own procedure.
Minutes 2. (1) the Board shall cause minutes of all its meetings to be maintained in proper form and submission of records of all decisions had been taken.
(2) the minutes of meetings of the Board shall be duly signed and such minutes is admissible in evidence in all legal proceedings without proved again, and every meeting of the Board the minutes of its proceedings have been so made shall be deemed to have been duly convened and held and all members present have qualified to act.
Seal 3. (1) the Organization shall have a common seal design as approved by the Board, and such seal may from time to time be broken, changed, altered or renewed as may be deemed fit by the Board.
(2) until a seal is provided by the Board, a stamp bearing the words "social security organisation" may be used and shall be deemed to be a seal.
004b.fm Page 120 Monday, March 27, 2006 11:57 AM Employee social security 121 (3) the common seal or stamp mentioned in subparagraph (2) shall be kept in the custody of the Director-General or any other person authorized by the Board and shall be authenticated by either the Chairman or any person authorized in writing by the Board and all deeds, documents and other instruments purporting to be sealed with the seal of the certified as mentioned above shall, until the contrary is proved, be deemed to have been validly executed: provided that any document or instrument which if executed by a person not being a body corporate is not required to be sealed in the same way by the Board and any other document or instrument may be executed on behalf of the Board by an officer or authorized Organization servants generally or specially by the Board for that purpose.

(4) all courts, judges and those who acted as the judge shall give judicial notice are the seal of the organization.
Legal action or proceedings 4. There are no any action or proceeding taken under this Act may be questioned on the ground — (a) a vacancy in the membership of, or any defect in the establishment of the Board; or (b) an omission, defect or irregularity which does not affect the merits of the case may be.
The SEVENTH SCHEDULE [Subsection 59O (2)] 1. Staff rules made under section 59O can provide for any or all of the following: (a) to regulate the amount of salaries, fees and allowances payable to officers and servants of societies;
(b) regulating the granting of leave to officers and servants thereof;
(c) allow the payment of all allowances to officers and servants that during holidays;
(d) determine the remuneration to be paid to the person appointed to work on behalf of any such officers and servants while they are on vacation;
(e) regulate the length of service for all the officers and servants;
004b.fm Page 121 Monday, March 27, 2006 11:57 AM 122 laws of Malaysia ACT 4 (f) (Cut by the Act A814).
(g) prescribing the conditions which the remuneration or allowance courtesy may be paid to any officer and the servants who get disaster or to civil servants or the menakati officers are killed while performing their duties;
(h) the establishment, maintenance and administration of pension schemes provide pay pension, gratuity or other allowance when the retirement Organization officers and servants as sickly, resigned, retired or terminated and for the establishment and maintenance of the Pension Fund; and (i) the establishment and administration of the retirement scheme because the sickly to provide such remuneration and allowances as he thinks expedient when the officers and servants of the dead Organization, retiring as sickly, resigned, retired or terminated and to provide such remuneration and allowances as he thinks expedient to dependants, whether one or more than one, which menakati a person who once worked as an officer of low or dead Organization servants retired as sickly or terminated or resigned or retired.
(j) (Cut by the Act A814).
2. the following provisions shall apply to any staff rules made pursuant to subparagraph 1 (g), (h) and (i): (a) no remuneration, allowances or other payments payable under any rules and also no right or interest acquired by any person against any remuneration, allowances or other payments thereunder assignable or transferred or detained, separated , levied upon, for or about any debts or claims, in addition to debt due to the organisation;
(b) any moneys paid under any rules that when a person is dead shall be deemed to be teramanah to the person entitled thereto in accordance with the will of the deceased or if the deceased died without a will, but it shall not be deemed to be part of his property or cannot be subject to its debts;
(c) a person may, by Testament or by a memorandum by him, appoint a trustee for money due when he die under any of the methods, and may provide for the appointment of a new trustee for the money and for investment;
004b.fm Page 122 Monday, March 27, 2006 11:57 AM social security Employee 123 (d) if at the time of death of the person or at any time later, none of the Trustees for the money or expedient appointed a new trustee, appointment that could be made by the High Court or a high court judge;
(e) the receipt of the trustees who are appointed accordingly, or if no such appointment is made, the receipt of personal representatives in law for the dead that it will be a solution for any money payable under any rules when he dies;
(f) an employee Organization that is otherwise entitled to any benefits under any rules that, if he removed from Service Organizations because of fraud or dishonesty or misconduct, involving the loss of money to the organisation, or retired or resigned with the intention to be discontinued or avoid thrown by reason of fraud, dishonesty or misconduct it is forfeited and lost all or any part of the interest according to as directed by the Board at its absolute discretion; and (g) with the approval of the Minister, the Board may, in its discretion, in view of the many special services and also any officers and servants organization that his case is not included in the field and effective rules of the pension plan or plans to retire because of a sickly organization, pay to the officers or servants when he died, remuneration or allowances courtesy upon such limitations and conditions as may be prescribed by the Board.
3. staff rules that are not in accordance with any of the terms and conditions of service approved by the Government in respect of officers and servants statutory body shall not have any effect.
EIGHTH SCHEDULE [section 20A] PENSION PENAKAT 1. The daily rate shall be penakat pension amounts monthly rate of invalidity pension paid or payable to the insured who has been dead for months before the month of his death divided by the number of days in the month that the pension was paid or payable.
004b.fm Page 123 Monday, March 27, 2006 11:57 AM 124 laws of Malaysia ACT 4 2. If the insured person has not attained the age of fifty five years but has even worked during the period of eligibility as specified under section 17A, daily rates shall be the principal amount of penakat pension equal to fifty per cent of the average monthly salary plus a percentage of the average monthly salary for every twelve months of contributions that have been paid for more than twenty-four months of the first , but is subject to a maximum of sixty-five percent of the average monthly salary for him during the period between the date when the contributions are first to be due from him with the date of his death divided by the number of days in a month pension paid or due.
3. If the insured person has not attained the age of fifty five years but has even worked during the period of eligibility is reduced as specified under section 17A, daily rate penakat pension shall be an amount equal to fifty per cent of the average monthly salary divided by the number of days in a month pension paid or due.
4. (1) the term "average salary" as referred to in paragraphs 2 and 3 refer to the average monthly salary equals presumption twenty-four monthly contributions for the end of the insured which has been paid before the date of his death: provided that the minimum average monthly salary was three hundred and forty-two dollars and eighty six cents subject to such amount as the Minister may from time to time by regulations.
(2) monthly salary expectation equal to the monthly contributions shall be deemed to be as specified in the fourth schedule.
5. the daily Rate is penakat pension payable as follows: (a) to the widow or widower, an amount of three-fifth of the daily rate of pension penakat;
(b) for every child, two-fifth of the daily rate of penakat pension: provided that if the amount of pension a penakat divided between the widow or widower and children at any time is greater than the daily rate pension penakat, part of every person's obligations shall be reduced at the rate so that the total amount payable does not exceed the daily rate penakat pension: provided further that the daily rate of penakat pension for each child shall be three-fifth of the daily rate of pension penakat if there is no widow or widower or if the widow or widower or dead, and if there is more than one child, the amount due shall be divided equally between them.
004b.fm Page 124 Monday, March 27, 2006 11:57 AM social security Employees 125 6. If a person insured receiving invalidity pension, or if an insured who has not attained the age of fifty five years but has even worked during the period of eligibility or qualifying period is reduced as specified under section 17A, dying without leaving the widow or widower or child, penakat pension shall be payable to the other liabilities as follows : (a) the mother or father or grandmother or grandfather, lifetime, an amount equal to the daily rate four-tenth penakat pension, and if there are two or more mother or father, or grandmother or grandfather, the amount payable shall be divided equally between them;
(b) to any person other liability, until she marries or until he reaches the age of twenty-one years, whichever is earlier, or if has been a widow until she married again or until he reaches the age of twenty-one years, whichever is the earlier, an amount equal to the amount of three-tenth daily rate pension penakat and if there is more than one person liability under this subparagraph , then the amount payable shall be divided equally between them.
7. (Cut by A1232 Act).

The NINTH SCHEDULE [section 75A] 1. The following person is not eligible to be appointed or to be a member of the investment Panel: (a) a person who has been convicted of an offence involving fraud, fraud, criminal breach of trust, abuse of property crime or any offence involving dishonesty or moral turpitude and was was sentenced to imprisonment for a term not less than one year;
(b) a bankrupt; and (c) a person who is not of unsound mind or inability otherwise to discharge its function.
2. (1) a member of the investment Panel shall cease to be a member — (a) if he fails to attend three consecutive meetings of the investment Panel-also without the permission of the Chairman of the investment Panel; or 004b.fm Page 125 Monday, March 27, 2006 11:57 AM 126 laws of Malaysia ACT 4 (b) if his appointment is revoked by the Minister, in the case of a person appointed under paragraph 75A (2) (f).
(2) a member appointed by the Minister under paragraph 75A (2) (f) may resign his Office as a member of the investment Panel by written notice to the Minister.
(3) where any member of the investment Panel has any beneficial interest in any matter under consideration by the investment Panel, he shall immediately declare to the Chairman of the nature and extent of his interest in the matter and the investment Panel shall decide whether or not he can take part in a meeting of the investment Panel when the matter is being considered, notwithstanding its interest in the matter.
(4) the investment Panel shall meet when required to do so by the Chairman of the investment Panel.
(5) the Chairman and three other members in the investment Panel shall form a quorum in any meeting of the investment Panel.
The TENTH SCHEDULE [section 59V and 59W] MEMBERSHIP of the PROMOTION BOARD and APPEAL BOARD PROMOTION Category Officer Promotion Board Appeal Board Promotion 1. Service in the grade of 21 three-member Board including the Director General, and a representative of the Ministry in charge of human resources, one of whom is appointed by the Board to become Chairman of the Chairman of the Board of ... Chairman Of The Board Of ... Members of the 2. Service in the Grade and Grade 20 the Director General or his representative to ... Chairman Of The Personnel Committee Chairman And. .. Chairman of the 004b.fm Page 126 Monday, March 27, 2006 11:57 AM 127 Workers Social Security Division Head or Branch Organisations appointed by the Director General of the ... Members Members Of The Establishment Committee Of The ... Members of the Principal Assistant Secretary of the Ministry in charge of labour and are appointed by the Secretary General of the ... Members of the 3. Service in the eleventh grade to the bottom of the Director General or his representative to ... Chairman Of The Personnel Committee Chairman And. .. Chairman of two officers in the grade of 21 appointed by the Director General of the ... Members members of the establishment Committee of the ... The members of the category of Officer Promotion Board Appeal Board Promotion 004b.fm Page 127 Monday, March 27, 2006 11:57 AM 128 laws of Malaysia ACT 4 ATTACHMENT Date comes into operation [Subsection 1 (3)] effective Area Provisions in force Power 01-01-1971 throughout Malaysia part I, sections 3, 4 and 5 in part II, sections 58, 59, 70 and 73-81 in part IV , section 103-105 and section 108 in part VII P.U. (B) 322/1970 15-04-1971 throughout Malaysia section 12 and section 60-66 P.U. (B) 125/1971, 01-10-1971 In land area, located in the Johor Bahru district and marked with grey on plan am 659 as deposited in the Office of the Director of surveys, Johor, in accordance with section 410 national land code 1965 section 6-11 , 13 and 14 in part II, section 15 (except subsection (1) (a)), section 22-34, 36-48, 50-55 and 57 in part III, section 67-69, 71, 72 and 82 in part IV, part V and VI, section 96 (1) (b), section 97-102, 106, 107 and 109 in part VII P.U. (B) 330/1971 01-07-1972 in the area of social security Employees, Pulau Pinang and marked with grey on plan P.G. 75 and 76 P.G. as deposited in the Office of the Director of Surveys In Pulau Pinang, according to section 410 national land code 1965 section 6-11, 13 and 14 in part II, section 15 (except subsection (1) (a)), section 22-34, 36-48, 50-55 and 57 in part III, section 67-69, 71, 72 and 82 in part IV, part V and VI, section 96 (1) (b), section 97-102, 106, 107 and 109 in part VII P.U. (B) 218/1972 004b.fm Page 128 Monday , March 27, 2006 11:57 AM social security Employees 129 01-07-1972 In land area, located in the District of Kinta and marked with grey on plan P.G. 247 as deposited in the Office of the Director of surveys, Perak, in accordance with section 410 national land code 1965 section 6-11, 13 and 14 in part II, section 15 (except subsection (1) (a)), section 22-34, 36-48, 50-55 and 57 in part III , section 67-69, 71, 72 and 82 in part IV, part V and VI, section 96 (1) (b), section 97-102, 106, 107 and 109 in part VII P.U. (B) 221/1972 01-01-1973 In land area is — (i) in the District of Kota Setar and marked with grey on plan PG. 551 as deposited in the Office of the Director of surveys, Kedah and Perlis;
Section 6-11, 13 and 14 in part II, section 15 (except subsection (1) (a)), section 22-34, 36-48, 50-55 and 57 in part III, section 67-69, 71, 72 and 82 in part IV, part V and VI, section 96 (1) (b), section 97-102, 106, 107 and 109 in part VII P.U. (B) 539/1972 (ii) in the Larut and Matang and marked with grey on plan PG. 286 as deposited in the Office of the Director of Surveys , Silver; (iii) in the District of Klang and marked with grey on plan PG. 377 as deposited in the Office of the Director of surveys, Selangor;
W.e.f Area Provisions in force Power 004b.fm Page 129 Monday, March 27, 2006 11:57 AM 130 laws of Malaysia ACT 4 (iv) in the District of Klang and marked with grey on plan PG. 378 as deposited in the Office of the Director of surveys, Selangor; (v) in the District of Seremban marked with grey on plan P.G. 263 as deposited in the Office of the Director of surveys, Negeri Sembilan; (vi) in the District of Melaka Tengah marked with grey on plan P.G. 97 as deposited in the Office of the Director of surveys, Malacca; (vii) in the District of Kuantan marked with grey on plan P.G. 1063 as deposited in the Office of the Director of surveys, Pahang, in accordance with section 410 national land code 1965.
01-09-1973 in the areas of land which is located in — (i) social security area of Kota Bharu and marked with grey on plan P.G. 160 as deposited in the Office of the Director of surveys, Kelantan;
Section 6-11, 13 and 14 in part II, section 15 (except subsection (1) (a)), section 22-34, 36-48, 50-55 and 57 in part III, section 67-69, 71, 72 and 82 in part IV, part V and VI, P.U. (B) 384/1973 w.e.f Area Provisions in force Power 004b.fm Page 130 Monday, March 27, 2006 11:57 AM Employee social security 131 section 96 (1) (b) , section 97-102, 106, 107 and 109 in part VII (ii) social security area in Kuala Terengganu and marked with grey on plan P.G. 127 as may be deposited in the Office of the Director of surveys, Terengganu; (iii) social security area Seberang Perai and marked with grey on plan P.G. 122 as deposited in the Office of the Director of surveys, Penang; (iv) social security area of Kangar and marked with grey on plan P.G. 572 as deposited in the Office of the Director of surveys, Kedah and Perlis; (v) social security area and marked with small flying grey on plan P.G. 802 as deposited in the Office of the Director of surveys, Johor; (vi) social security area Batu Pahat and marked with grey on plan P.G. 803 as deposited in the Office of the Director of surveys, Johor;
W.e.f Area Provisions in force Power 004b.fm Page 131 Monday, March 27, 2006 11:57 AM 132 laws of Malaysia ACT 4 (vii) social security area of Muar and marked with grey on plan P.G. 804 as deposited in the Office of the Director of surveys, Johor, in accordance with section 410 national land code 1965.
01-03-1974 in the area of land that is marked with the colour red on plan Various No. 1062/13 as may be deposited in the Office of the Superintendent of lands and surveys, the first part, Kuching, Sarawak section 6-11, 13 and 14, section 15 (except subsection (1) (a)), section 22-34, 36-48, 50-55 and 57, section 67-69, 71, 72 and 82, section 96 (1) (b), section 97-102, 106, 107 and 109 P.U. (B) 568/1973-1974 01-03 In area of land approximately 7,890 acres area shown as Lot Surveys No. 01200578, in the District of Kota Kinabalu; 10 acres shown as survey Lot No. 21200360; 6 acres shown as survey Lot No. 21200359 and 290 acres shown as survey Lot No. 21200358 in the District of Penampang and in particular be shown on plan number 99197155 as may be deposited in the Office of the Director of lands and surveys, Kota Kinabalu, Sabah section 6-11, 13 and 14, section 15 (except subsection (1) (a)), section 22-34, 36-48, 50-55 and 57, section 67-69 , 71, 72 and 82, section 96 (1) (b), section 97-102, 106, 107 and 109 P.U. (B) 569/1973 w.e.f Area Provisions in force Power 004b.fm Page 132 Monday, March 27, 2006 11:57 AM 133 Workers social security

01-01-1974 in the areas of land located within: (i) the District of Kuala Lumpur and Klang and marked with grey on plan 357 P.G. as deposited in the Office of the Director of surveys, Selangor;
Section 15 (1) (a), sections 16-21, section 35, 49, 57, 96 (1) (b) and 96 (2) P.U. (B) 570/1973 (ii) social security Employee Spaces, Pulau Pinang and marked with grey on plan P.G. 75 and 76 as P.G. Plans deposited in the Office of the Director of surveys, Penang; (iii) the District of Kinta and marked with grey on plan P.G. 247 as deposited in the Office of the Director of surveys, Silver; (iv) District of Johor Bahru and marked with grey on plan P.G. 659 as deposited in the Office of the Director of surveys, Johor; (v) District of Kota Setar and marked with grey on plan P.G. 551 as deposited in the Office of the Director of surveys, Kedah and Perlis;
W.e.f Area Provisions in force Power 004b.fm Page 133 Monday, March 27, 2006 11:57 AM 134 laws of Malaysia ACT 4 (vi) the Larut and Matang and marked with grey on plan P.G. 286 as deposited in the Office of the Director of surveys, Silver; (vii) the Klang District and marked with grey on plan P.G. 377 as deposited in the Office of the Director of surveys, Selangor; (viii) the Klang District and marked with grey on plan P.G. 378 as deposited in the Office of the Director of surveys, Selangor; (ix) the District of Seremban and marked with grey on plan P.G. 263 as deposited in the Office of the Director of surveys, Negeri Sembilan; (x) Central Melaka District and marked with grey on plan P.G. 97 as deposited in the Office of the Director of surveys, Malacca; (xi) District of Kuantan and is marked with grey on plan P.G. 1063 as deposited in the Office of the Director of surveys, Pahang;
W.e.f Area Provisions in force Power 004b.fm Page 134 Monday, March 27, 2006 11:57 AM Employee social security 135 (xii) social security area of Kota Bharu and marked with grey on plan P.G. 160 as deposited in the Office of the Director of surveys, Kelantan; (xiii) the social security Area in Kuala Terengganu and marked with grey on plan P.G. 127 as may be deposited in the Office of the Director of surveys, Terengganu; (xiv) the social security Area Seberang Prai and marked with grey on plan P.G. 122 as deposited in the Office of the Director of surveys, Penang; (xv) Social Security Area of Kangar and marked with grey on plan P.G. 572 as deposited in the Office of the Director of surveys, Kedah and Perlis; (xvi) the social security Area marked with Kluang and grey on plan P.G. 802 as deposited in the Office of the Director of surveys, Johor;
W.e.f Area Provisions in force Power 004b.fm Page 135 Monday, March 27, 2006 11:57 AM 136 laws of Malaysia ACT 4 (xvii) Social Security Area Batu Pahat and marked with grey on plan P.G. 803 as deposited in the Office of the Director of surveys, Johor; (xviii) Social security area of Muar and marked with grey on plan P.G. 804 as deposited in the Office of the Director of surveys, Johor.
01-10-1974 In — (i) Social Security Area of Segamat as indicated by grey on plan P.G. 877 stored at the Office of the Director of surveys, Johor;
Section 6-11, 13, 14, 15-55, 57-69, 71, 72, 82, part V and VI, section 96-102, 106, 107 and 109 P.U. (B) 576/1974 (ii) Social Security Area of Kuala Pilah as indicated by grey on plan P.G. 294 stored at the Office of the Director of surveys, Negeri Sembilan; (iii) Social Security Area as Tapah marked with grey on plan P.G. 329 stored at the Office of the Director of surveys, Silver;
W.e.f Area Provisions in force Power 004b.fm Page 136 Monday, March 27, 2006 11:57 AM 137 Workers social security (iv) Social Security Area of Kuala Kangsar as indicated by grey on plan P.G. 328 stored at the Office of the Director of surveys, Silver; (v) Social Security Area Telok Intan as indicated by grey on plan P.G. 326 stored at the Office of the Director of surveys, Silver; (vi) Social Security Area as Kulim marked with grey on plan P.G. 584 stored at the Office of the Director of surveys, Kedah and Perlis; (vii) Social Security Area Dungun as indicated by grey on plan P.G. 131 stored at the Office of the Director of surveys, Terengganu; (viii) Social Security Area of Kuala Krai as indicated by grey on plan P.G. 165 stored at the Office of the Director of surveys, Kelantan;
W.e.f Area Provisions in force Power 004b.fm Page 137 Monday, March 27, 2006 11:57 AM 138 laws of Malaysia ACT 4 (ix) Social Security Area of Sungai Patani as indicated by grey on plan P.G. 586 stored at the Office of the Director of surveys, Kedah and Perlis;
(x) social security area of Rawang as indicated by grey on plan P.G. 401 stored at the Office of the Director of surveys, Selangor;
(xi) Social Security Area as Temerloh marked with grey on plan P.G. 1069 stored at the Office of the Director of surveys, Pahang;
(xii) Social Security Area Bentong as indicated by grey on plan P.G. 1068 stored at the Office of the Director of surveys, Pahang.
01-07-1975 In — (i) land area is marked in red on plan Various No. 1062/13 as may be deposited in the Office of the Superintendent of lands and surveys, the first part, Kuching;
Section 15 (1) (a), sections 16-21, section 35, 49, 57, 96 (1) (b) and 96 (2) P.U. (B) 239/1975 (ii) Area of land approximately — w.e.f Area Provisions in force Power 004b.fm Page 138 Monday, March 27, 2006 11:57 AM 139 Workers social security (a) 7,890 acres shown as survey Lot No. 01200578 in the District of Kota Kinabalu; (b) 10 acres shown as survey Lot No. 21200360 in the District of Penampang; (c) 6 acres shown as survey Lot No. 21200359 in the District of Penampang; (d) 510 acres shown as survey Lot No. 21200358 in the District of Penampang;
and all of which there are more specifically on Plan No. 99197155 as may be deposited in the Office of the Superintendent of lands and surveys, Kota Kinabalu.
01-12-1976 In — (i) the entire state of Perlis (except land marked with grey on plan P.G. 572 stored at the Office of the Director of surveys, Kedah and Perlis);
Section 6-11, 13, 14, 15-55, 57, 67-69, 71, 72, 82, part V and VI, section 96-102, 106, 107 and 109 of the Act P.U. (B) 27/1977.
(ii) the whole of Penang Island (except for land that is marked with the color grey on plan-plan P.G. 75 and 76 P.G. that deposited in the Office of the Director of surveys, Penang);
W.e.f Area Provisions in force Power 004b.fm Page 139 Monday, March 27, 2006 11:57 AM 140 laws of Malaysia ACT 4 (iii) around Seberang Perai (except land marked with grey on plan P.G. 122 stored at the Office of the Director of surveys, Penang); (iv) the entire district of Kinta (except land marked with grey on plan P.G. 247 stored at the Office of the Director of surveys, Perak); (v) the entire district of Johor Bahru (except land marked with grey on plan P.G. 659 stored at the Office of the Director of surveys, Johor); and (vi) all over the Southwest.
01-01-1979 In — (i) the Federal District, Mukim of Ampang, Mukim Ulu Kelang and stone as in Plans P.G. 383, P.G. 417 and 415 P.G. (except land marked with grey on plan 357 P.G.) stored at the Office of the Director-General of survey and Mapping National Director, Kuala Lumpur;
Section 6-11, 13, 14, 15-55, 57, 67-69, 71, 72, 82, part V and VI, section 96-102, 106, 107 and 109.
P.u. (B) 711/1978 w.e.f Area Provisions in force Power 004b.fm Page 140 Monday, March 27, 2006 11:57 AM 141 Workers social security (ii) Petaling district as shown on plan no. P.G. 400 (except for areas of land marked with grey on P.G. Plans 357 and 377 P.G.) stored at the Office of the Director of surveys, Selangor.
01-10-1980 throughout Peninsular Malaysia, unless in the social security area 31 exists now where the provisions already in force.
Section 6-11, 13, 14, 15-55, 57, 67-69, 71, 72, 82, part V and VI, section 96-102, 106, 107 and 109.
P.u. (B) 486/1980 01-01-1980 throughout Malaysia section 2-12, 14, 33-35 and 38-41 P.U. (B) 544/1980 01-07-1985 nationwide Section 13, 15-32, 36, 37 and 42 P.U. (B) 315/1985 01-12-1985 within the boundary of the district administration of Kuching (except land that is marked with the colour red on plan Various No. 1062/13 as may be deposited in the Office of the Superintendent of lands and surveys the first part In Kuching, Sarawak), Bau, Lundu, Sadong Hilir, Hulu Sadong, Samarahan, Sibu, Oya, Mukah, Dalat Kanowit, Bintulu, Miri, Baram, Sri Aman, Lubok Antu, Saribas and without reacting as shown on plan no. Various 60280/1 section 6-11, 13, 14, 15-55, 57, 67-69, 71, 72, 82, part V and VI, section 96-102, 106, 107 and 109 P.U. (B) 550/1985 w.e.f Area Provisions in force Power 004b.fm Page 141 Monday , March 27, 2006 11:57 AM 142 laws of Malaysia ACT 4

01-12-1985 In the boundaries of administrative districts of Kota Kinabalu (except land area approximately 7,890 acres shown as survey Lot No. 01200578 in the District of Kota Kinabalu and shown with more specifically on plan no. 99197155 as may be deposited in the Office of the Director of lands and surveys, Kota Kinabalu, Sabah), Penampang (except land area approximately 10 acres shown as survey Lot No. 21200360 6 acres shown as survey Lot No. 21200359 and 510 acres shown as survey Lot No. 21200358 in the District of Penampang and are all shown with more specifically on plan no. 99197155 as may be deposited in the Office of the Director of lands and surveys, Kota Kinabalu, Sabah), Papar, Tuaran, Kota Belud, Ranau, Sandakan, Kinabatangan, Labuk and Sugut, Tawau, Semporna, Kunak, Lahad Datu, Keningau , Tenom, Tambunan and Already as shown on plan no. 99197300 section 6-11, 13, 14, 15-55, 57, 67-69, 71, 72, 82, part V and VI, section 96-102, 106, 107 and 109 P.U. (B) 551/1985 w.e.f Area Provisions in force Power 004b.fm Page 142 Monday, March 27, 2006 11:57 AM 143 01-01-1987 in the area — federal territory of Labuan section 6-11 , 13, 14, 15-55, 57, 67-69, 71, 72, 82, part V and VI, section 96-102, 106, 107 and 109 P.U. (B) 626/1986 administrative district of Kudat, Kota Marudu, Pitas, Sipitang, Beaufort and Kuala Penyu as shown on plan no. 99197300 stored at the Office of the Director of lands and surveys, Kota Kinabalu. The District Administration is Kapit, Belaga, Song, Sarikei, Maradong, Julau, Matu Daro, Limbang and Lawas as shown on plan no. Various 60280/1 stored at the Office of the Superintendent of lands and surveys, Kuching.
W.e.f Area Provisions in force Power 004b.fm Page 143 Monday, March 27, 2006 11:57 AM 144 laws of MALAYSIA Act 4 EMPLOYEES ' SOCIAL SECURITY ACT 1969 LIST AMENDMENT of laws that amend the short title effect from A450 Act Employees Social Security Act (Amendment) Act 1979 c. 2-12, 14, 33-35, 38-41:01-08-1980; s. 13, 15-32, 36, 37 and 42:01-07-1985 Act A499 Employees Social Security Act (Amendment) Act 1980, 15-08-1980 Act A590 Employees Social Security Act 1984 (Amendment) 01-01-1985 Act A675 Employees Social Security Act (Amendment) 1987 01-07-1987; s. 2 (e): 01-10-1971; s. 11, 12 (except paragraph (a) (iii), 20 and 44 (except paragraph (e) and (f)): 01-01-1986; s. 21:06-08-1987 A814 Act Employees Social Security Act (Amendment) Act 1992 s. 16 (a): 01-01-1985; s. 18 (a): 01-10-1971; s. 26, 30 (b) and 31:1-7-1985;
004b.fm Page 144 Monday, March 27, 2006 11:57 AM social security Employees 145 s. 41:01-07-1987; s. 3, 7, 11 – 15, 16 (b), 17, 18 (b), 19, 21, 47 and 48:01-01-1992 s. 2, 4, 5, 6, 8 – 10, 20, 22 – 26, 27 – 30 (a), 32 – 12, 40, 42 – 46:01-07-1992 Act 478 Act revocation of Exemption from payment of stamp duty-Duty 1992 21-02-1992 Act A830 Employees Social Security Act (Amendment) (No. 2) order 1992 17-07-1992 Act A981 Employees Social Security Act (Amendment) 1997, s. 3 – 6 , 10, 13 – 16:01-05-1997; s. 2, 7 – 9, 11, 12, 17:01-08-1997 A1232 Act Employees Social Security Act (Amendment) 2004 01-05-2005 law amending the short title effect from 004b.fm Page 145 Monday, March 27, 2006 11:57 AM 146 laws of MALAYSIA Act 4 EMPLOYEES ' SOCIAL SECURITY ACT 1969 LIST SECTION AMENDED Section Power amend the effect from the long Title of the Act A814 01-07-1992 2 A450 Act 01-07-1985 Act A590 01-01-1985 Act A675 01-07-1987 ss. 2 (11) with effect from 01-10-1971 Act A814 01-01-1992 Act A981 01-08-1997 Act A1232 01-05-2005 3 A675 Act 01-07-1988 Act A814 01-07-1992 6 A450 Act 01-07-1985 Act A675 01-07-1987 Act A814 01-07-1992 Act A1232 01-05-2005 9 A675 Act 01-07-1987 No.9A A675 Act 01-07-1987 004b.fm Page 146 Monday, March 27, 2006 11:57 AM 147 Employees Social Security Act A814 01-07-1992 a 9B A814 Act 01-01-1992 10 A675 Act 01-07-1987 Act A1232 01-05-2005 12 A814 Act 01-07-1992 Act A1232 01-05-2005 12A A1232 Act 01-05-2005 12B A1232 Act 01-05-2005 12 c Act A1232 01-05-2005 13 A814 Act 01-07-1992
Act A1232 01-05-2005 13A A1232 Act 01-05-2005 14 Act A1232 01-05-2005 14A of Act A1232 01-05-2005 15 Act A590 01-01-1985 Act A675 01-07-1987 Act A814 01-07-1992 17 A450 Act 01-07-1985 Act A675 01-07-1987 Act A814 01-11-1992 Act A1232 01-05-2005 17A A675 Act 01-07-1987 Act A814 01-11-1992 Section Power amend the effect from 004b.fm Page 147 Monday, March 27, 2006 11:57 AM 148 laws of Malaysia ACT 4 Act A1232 01-05-2005 18 A814 Act 01-11-1992 19 A450 Act 01-07-1985 Act A814 01-11-1992 20 A450 Act 01-01-1985 Act A590 01-01-1985 Act A675 01-01-1986 Act A814 01-11-1992 Act A1232 01-05-2005 20A A590 Act 01-01-1985 Act A814 01-01-1985 break 16 (b) with effect from 01-01-1992 Act A675 01-01-1986 break 20A (1) (b), (c) as from 01-07-1987 Act A1232 01-05-2005 20B A590 Act 01-01-1985 Act A675 01-07-1987 Act A1232 01-05-2005 21 Act A450 01-07-1985 Act A675 01-07-1987 Act A1232 01-05-2005 22 Act A590 01-01-1985 Act A675 01-07-1987 Section Power amend the effect from 004b.fm Page 148 Monday , March 27, 2006 11:57 AM 149 24 Employees Social Security Act A814 01-01-1992 26 Act A450 01-07-1985 Act A675 01-07-1987 Act A814 01-10-1971 Act A1232 01-05-2005 27 Act A675 01-07-1987 Act A1232 01-05-2005 28 Act A675 01-07-1987 29 Act A450 01-07-1985 Act A590 01-01-1985 Act A675 01-07-1987 Act A814 01-11-1992 Act A1232 01-05-2005 30 Act A675 01-01-1986 Act A1232 01-05-2005 31 A814 Act 01-07-1992 Act A981 01-05-1997 32 Act A450 01-01-1985 Act forms 32A A1232 01-05-2005 33A A814 Act 01-01-1992 34 Act A1232 01-05-2005 36 Act A590 01-01-1985 Act A675 06-08-1982 Section Power amend the effect from 004b.fm Page 149 Monday, March 27, 2006 11:57 AM 150 laws of Malaysia ACT 4 37 A450 Act 01-07-1985 42 Act A981 01-05-1997 43 A675 Act 01-07-1987 47 A450 Act 01-07-1985 49 Act A1232 01-05-2005 50 Act A1232 01-05-2005 51 A675 Act 01-07-1987 56 A675 Act 01-07-1987 57 A675 Act 01-07-1987 Act A814 01-07-1992 57A A981 Act 01-05-1997 57B A1232 Act 01-05-2005 A1232 57C Act 01-05-2005 58 A450 Act 01-07-1985 Act A675 01-07-1987 59 A450 Act 01-07-1985 Act A981 01-05-1997 59A A450 Act 01-07-1985 59B A450 Act 01-07-1985 Act A675 01-03-1987 Act A814 01-07-1992 Act A981 01-08-1997 59C A450 Act 01-07-1985 Section Power amend the effect from 004b.fm Page 150 Monday, March 27, 2006 11:57 AM 151 Employees Social Security Act A675 01-07-1987 Act A981 01-08-1997 59D A450 Act 01-07-1985 Act A675 01-07-1987 59E A450 Act 01-07-1985 Act A675 01-07-1987 Act A981 01-08-1997 59F Act A450 01-07-1985 Act A675 01-07-1987 59G A450 Act 01-07-1985 Act A675 01-07-1987 59H A450 Act 01-07-1985 Act A675 01-07-1987 59I A450 Act 01-07-1985 Act A675 01-07-1987 59J A450 Act 01-07-1985 Act A675 01-07-1987 Act A814 01-07-1992 59K A450 Act 01-07-1985 Act A675 01-07-1987 59L A450 Act 01-07-1985 Act A675 01-07-1987 59M A450 Act 01-07-1985 Section Power amend the effect from 004b.fm Page 151 Monday , March 27, 2006 11:57 AM 152 laws of Malaysia ACT 4 Act A675 01-07-1987 59N A450 Act 01-07-1985 Act A675 01-07-1987 Act A814 01-07-1992 Act A1232 01-05-2005 59O A450 Act 01-01-1985 Act A675 01-07-1987 59P A675 Act 01-07-1987 59Q A814 Act 01-07-1992 59R A814 Act 01-07-1992 59S A814 Act 01-07-1992 59T A814 Act 01-07-1992 59U A814 Act 01-07-1992 59V A814 Act 01-07-1985 59W A814 Act 01-07-1985 Act A1232 01-05-2005 60 A450 Act 01-07-1985 Act A675 01-07-1987 61 A450 Act 01-07-1985 Act A675 01-07-1987 62 A450 Act 01-07-1985 Act A675 01-07-1987 63 A450 Act 01-07-1985 Section Power amend the effect from 004b.fm Page 152 Monday, March 27, 2006 11:57 AM 153 Employees Social Security Act A675 01-07-1987 A450 Act 64 01-01-1985 Act A675 01-07-1987 Act A1232 01-05-2005 65 A450 Act 01-07-1985 Act A675 01-07-1987 66 A450 Act 01-07-1985 Act A675 01-07-1987 67 A675 Act 01-07-1987 68 A814 Act 01-07-1992 69 A450 Act 01-07-1985 Act A814 01-07-1992 71 A450 Act 01-07-1985 Act A590 01-01-1985 Act A675 01-07-1987 Act A814 01-07-1992 Act A981 01-05-1997 A1232 Act 01-05-2005 72 A450 Act 01-07-1985 Act A814 01-07-1992 break 72 (a) as from 01-07-1985 72A A814 Act 01-07-1985 75 A450 Act 01-07-1985 Section Power amend the effect from 004b.fm Page 153 Monday, March 27, 2006 11:57 AM 154 laws of Malaysia ACT 4 Act A675 01-07-1987 75A of the Act A675 01-07-1987 Act A814 01-07-1992 Act A981 01-05-1997 75B A814 Act 01-07-1992 Act A981 01-08-1997 78 A450 Act 01-01-1985 79 A450 Act 01-01-1985
Act A675 01-07-1987 80 A450 Act 01-01-1985 Act A675 01-07-1987 81 Act A450 01-01-1985 82 Act A450 01-01-1985 Act A675 01-07-1987 83 A450 Act 01-01-1985 Act A814 01-07-1992 Act A1232 01-05-2005 84 Act A590 01-01-1985 86 Act A590 01-01-1985 Act A675 01-01-1987 93 A814 Act 01-07-1992 Act A981 01-05-1997 94 Act A981 01-05-1997 Section Power amend the effect from 004b.fm Page 154 Monday , March 27, 2006 11:57 AM 155 Employees Social Security Act A1232 01-05-2005 94A A675 Act 01-01-1987 Act A1232 01-05-2005 94B A675 Act 01-07-1987 94C A675 Act 01-07-1987 95 A675 Act 01-07-1987 Act A814 01-07-1992 Act A1232 01-05-2005 95A A1232 Act 01-05-2005 96 A814 Act 01-07-1992 96A A590 Act 01-01-1985 Act A814 01-07-1992 100 A814 Act 01-07-1992 103 A450 Act 01-01-1985 103A A1232 Act 01-05-2005 104 A450 Act 01-01-1985 Act 478 01-02-1992 105 A450 Act 01-01-1985 Act A675 01-07-1987 Act A814 01-07-1992 Act A981 01-05-1997 A1232 Act 01-05-2005 106 A450 Act 01-07-1985 Section Power amend the effect from 004b.fm Page 155 Monday, March 27, 2006 11:57 AM 156 laws of Malaysia ACT 4 Act A675 01-07-1987 106A A675 Act 01-07-1987

Act A814 01-07-1987 108 A450 Act 01-07-1985 108A A1232 Act 01-05-2005 110 A450 Act 01-07-1985 Act A981 01-05-1997 111 A814 Act 01-07-1992 112 A814 Act 01-07-1992 first schedule of Act A450 01-07-1985 Act A590 01-01-1985 Act A675 01-01-1986 Act A814 01-07-1992 Act A1232 01-05-2005 Third Schedule of the A590 Act 01-01-1985 Act A814 01-07-1992 Act A1232 01-05-2005 Fourth Schedule A450 Act 01-07-1985 Act A590 01-01-1985 Act A675 01-01-1986 p 8 and 9 from 01-07-1987 Act A814 01-07-1992 Section Power amend with effect from
004b.fm Page 156 Monday, March 27, 2006 11:57 AM 157 Employees Social Security Act A1232 01-05-2005 the Fifth Schedule of the A675 Act 01-07-1987 Sixth Schedule A450 Act 01-07-1985 Act A675 01-07-1987 Act A981 01-08-1997 Seventh Schedule A450 Act 01-07-1985 Act A675 01-07-1987 Act A814 01-07-1992 Eighth Schedule A590 Act 01-01-1985 Act A675 01-01-1987 Act A814 01-01-1992 Act A1232 01-05-2005 Ninth Schedule A675 Act 01-07-1987 the Tenth Schedule A814 Act 01-01-1992 Act A1232 01-05-2005 Section Power amend the effect from 004b.fm Page 157 Monday , March 27, 2006 11:57 AM