Private Agency Act 1971

Original Language Title: Private Agencies Act 1971

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027b.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 27 PRIVATE AGENCY ACT 1971 Contains all amendments to 1 January 2006 027b.fm Page 1 Monday, March 27, 2006 5:21 PM PREPARED for PUBLICATION by the MALAYAN LAW JOURNAL SDN BHD and PRINTED by PERCETAKAN NASIONAL MALAYSIA BERHAD KUALA LUMPUR BRANCH 2006 2 PRIVATE AGENCY ACT 1971
The Date Of Royal Assent............ 24 April 1971, the date of publication in the Gazette......... 29 April 1971 REPRINT BEFORE Reprinting The first ... ... more 1993 the second Reprint of ... ... more 1999 027b.fm Page 2 Monday, March 27, 2006 5:21 PM 3 laws of MALAYSIA Act 27 ARRANGEMENT of SECTIONS PRIVATE AGENCY ACT 1971 section 1. Short title and application 2. Interpretation 3. Issuance of licence 4. Cancellation or suspension of licence, pengkenselan 5. The list shall be published 6. Special provisions in respect of the offence can capture 7. Paper introduction 8. The power of police officers to check 9. Licensed private agency employees 10. The uniform, insignia or emblem 11. The power to enter and search the premises of a licensed private agency 12. The power to enter and search premises suspected use by unlicensed private agency 13. False statements 14. General penalty 15. Offence may arrest 16. Liability of Directors, etc.
17. Power of Minister to delegate powers and duties 18. Power make rules 19. Saving of 20. Abolition of 027b.fm Page 3 Monday, March 27, 2006 5:21 PM 027b.fm Page 4 Monday, March 27, 2006 5:21 PM 5 laws of MALAYSIA Act 27 PRIVATE AGENCY ACT 1971 an act to regulate the private agency business.
[Throughout Malaysia — 30 April 1971]
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: short title and application 1. This Act may be cited as the private Agency Act 1971 and shall apply throughout Malaysia.
Interpretation 2. In this Act, unless the context otherwise requires — "private agency" means a person who carries on the business of the private agency as defined below;
"a licensed private agency" means a private agency for its business licence has been issued under section 3;
"unlicensed private agency" means a private agency which license to his business not issued under section 3;
"Minister" means the Minister responsible for internal security; and, if the Minister has delegated any or all powers and duties under section 17, the expression "Minister" includes, as far as the powers and duties that have been delegated, a person who has been delegated with the power or duty;
027b.fm Page 5 Monday, March 27, 2006 5:21 PM 6 laws of Malaysia ACT 27 "approval letter" means a letter of approval issued under section 9;
"private agency business" means a business or activities undertaken by any person for the purpose of — (a) to Institute control and protection for personal safety or for the safety of the assets or business of that other person; or (b) obtain and give information on the conduct, activities or Affairs of the others.
Issuance of licence 3. (1) No person shall do business private agency except pursuant to and in accordance with a licence issued by or on behalf of the Minister and unless a deposit on that business paid according as provided by or under subsection (3).
(2) a person who intends to conduct business private agency shall apply to the Minister to obtain a licence and, subject to the provisions of the following subsections, the Minister may issue such licence or refuse to remove it; and when to issue the license or membaharuinya under subsection (4) the Minister may impose conditions to a tas license i tu as he may deem necessary for the purpose of carrying out the provisions of this Act.
(3) no license shall be issued under this Act or if released, t n persendir ian agency business can be carried out, unless a deposit of and in the manner prescribed by the Minister has been paid, are maintained and continue to be stored with the accountant.
(4) be a provided that before a licence is issued under this section, the applicant shall pay the prescribed fee by the Minister and such licence shall expiry not later than the end of the calendar year in which the licence begins, but can be renewed every year by paying the fee on top of that.
027b.fm Page 6 Monday, March 27, 2006 5:21 PM private agency 7 (5) the Minister may by order exempt any person or class of persons from the provisions of this section.
Cancellation or suspension of licence, pengkenselan 4. (1) where in the opinion of the Minister a licensed private agency conducts business or taking part in its business activity or used for a purpose prejudicial to the peace, welfare and good order in the Federation, or in violation of this Act or any other written law, subject to subsection (4) the Minister may cancel or mengkensel or suspend the license issued to a licensed private agency that.
(2) if the cancellation, pengkenselan or suspension of a licence under this section is made by a person who has been delegated by the Minister under this section with the power pursuant to section 17, a licensed private agency not satisfied that t ha t i with pembata lan, pengkenselan or suspension of his/her license that may appeal to the Minister of m a s a 1 4 h a r i s e l e p a s p e m b a t a l a n, p e n g e n s e l a n a t o r the suspension.
(3) the decision of the Minister cancel, mengkensel or suspend a licence under subsection (1) or the decision on an appeal under subsection (2) is final and shall not be questioned in any court.
(4) before mengkensel cancel, or suspend a licence, the Minister shall give the opportunity to persendir ian re license concerned i tu to show cause why the licence should not be cancelled, dikensel or suspension, as the case may be.
(5) if the license of a private agency cancelled, dikensel or suspended under this subsection, the deposits stored under subsection 3 (3) shall be dilucuthakkan by the Government and deposited into the consolidated fund.
The list shall be published 5. The Minister shall, in March every year, cause to be published in the Gazette a list of agency 027b.fm Page 7 Monday, March 27, 2006 5:21 PM 8 laws of Malaysia ACT 27 licensed private, and additions to and deductions from the list shall be published from time to time when the deduction is made.
Special provisions in respect of the offence can catch 6. There is nothing in this Act mengehakkan a licensed private agency to investigate in respect of an offence may arrest and if within the course of business or otherwise a licensed private agency or its employees get an information in respect of an offence may arrest (either has done or will do) the licensed private agency or its employees shall convey the information to a police officer or file a report at the police station almost at all.
Identity papers 7. (1) every licensed private agency shall hold and issue identity papers to employees in such form and contain such particulars as the Minister.
(2) every employee of a licensed private agency should always carry identity papers and present it for inspection when required by a police officer and shall deliver identity papers to a licensed private agency, that's when stop working.
The power of police officers to check 8. A police officer may inspect the identity papers issued under section 7 and can also check licence issued under section 3.
Licensed private agency workers 9. (1) No person shall be employed in any position by any licensed private agency unless 027b.fm Page 8 Monday, March 27, 2006 5:21 PM 9 private agency for an approval letter was issued on that person by the Commissioner of police or the Chief Police officer.
(2) a licensed private agency want to take work a person shall apply for a letter of approval from the Commissioner of police or the Chief Police officer for the State in which the person normally resides or, if he or she normally resides outside of Malaysia, to the Commissioner of police or the Chief Police officer for the State where the licensed private agency has the registered office, and the application shall be in such form and contain such particulars as the Minister.
(3) when an application for the approval letter is received, the Commissioner of police or the Chief Police officer may, after conducting the investigation as he thinks fit, issue a letter of approval.

(4) for the purpose of conducting an investigation under subsection (3), Commissioner Pol is a tau Ceo Poll is may require the person to be employed is to conform to all measures reasonably necessary for the taking and record cap jarinya.
(5) the Commissioner of police or the Chief Police officer may refuse to issue an approval letter.
(6) any person whose application for approval was rejected may appeal to the Minister within 14 days after the date of the refusal and the Minister may confirm the decision i tu or direct that the approval letter issued.
(7) the decision of the Minister on an appeal under subsection (6) is final.
The uniform, badge or coat of arms 10. Subject to any law relating to the uniform, insignia or emblem, of a uniform, insignia or emblem proposed to wear by employees of a licensed private agency shall first be approved by the Minister.
027b.fm Page 9 Monday, March 27, 2006 5:21 PM 10 laws of Malaysia ACT 27 the power to enter and search the premises of a licensed private agency 11. (1) if the Minister has reason to believe that a licensed private agency conducts business or taking part in its business activity or that is used for the purpose prejudicial to peace, welfare and good order in the Federation, the Minister may, in writing, authorize a police officer not below the rank of Assistant Superintendent to enter any place which the Minister has reason to believe is used as a place of business meeting or private agency that.
(2) an officer authorized to exercise the powers of entry under this section may, without warrant and with or without the help and assistance with the use of violence for that purpose if necessary, enter the place and can search the place and examine any person found therein or who run away from the place: provided that no female shall be searched under this subsection except by a woman.
(3) an officer authorized to exercise the powers of entry under this section may take any documents, or other things reasonably believed to be or to contain evidence relating to the business or activities referred to in subsection (1).
(4) no nothing in this section shall be deemed to affect the authority of a police officer under criminal procedure code [Act 593] or any other written law.
The power to enter and search premises suspected use by unlicensed private agency 12. (1) if the Minister has reason to believe that the business of a licensed private agency not effected or that any books, accounts or other documents not licensed private agency that have stored or placed in any premises or place, the Minister may, in writing, authorize a police officer not below the rank 027b.fm Page 10 Monday, March 27, 2006 5:21 PM private agency 11 lower than Assistant Superintendent to enter any premises or that place.
(2) an officer authorized to exercise the powers of entry under this section may, without warrant and with or without the help and assistance with the use of violence for that purpose if necessary, enter the place and can search the place and examine any person found therein or who run away from the place: provided that no female shall be searched under this subsection except by a woman.
(3) an officer authorized to exercise the powers of entry under this section may take any books, accounts or other document reasonably believed to be or to contain evidence relating to the business of a private agency is not licensed.
(4) no nothing in this section shall be deemed to affect the authority of a police officer under criminal procedure code or any other written law.
False statements 13. If any person — (a) give the particulars, at his knowledge, false or misleading as to a material matters, in respect of an application for a licence under section 3; or (b) with the objective to be encouraged the Commissioner of police or the Chief Police officer giving approval letter, make a statement or declaration which, in its knowledge, false or incorrect, either in total or in part, or misleading about something material matters, he is guilty of an offence and, on conviction, be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding twelve months or to both.
027b.fm Page 11 Monday, March 27, 2006 5:21 PM 12 laws of Malaysia ACT 27 Penalties am 14. A person who violates the provisions of this Act or any rules made thereunder commits an offence and, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding three years or to both.
The offence can capture 15. An offence under this Act is an offence can capture within the meaning of the law relating to criminal procedure.
Liability of Directors, etc.
16. (1) where an offence under this Act has been committed by a group of persons whether incorporated or not, any person who at the time of the offence is done as the Director, Manager, Secretary or other similar officer of the group that the person or purporting to discharge its duties in any of the posts, shall be deemed to have committed the offence unless he proves that the offence was committed without the consent or without left by him , and that he had been undertaking as to be carried out by him to prevent the offence from being done in view of the type of functions in the post and all the circumstances.
(2) a person shall be guilty of an offence, if a thing done or omitted by him himself, is guilty of that offence and shall be liable to the same penalty if the thing done or omitted by the partner, agent or penjawatnya within the partnership arrangements or in its working time travel, as the case may be, unless he proves that the offence i t u t e l ah d i l bit t anpa penge t ahuannya a t au t anpa consent and that he took all reasonable steps to prevent the matter from done or not done: provided that nothing-nothing in this may release partner, agent or servant that than can be prosecuted.
027b.fm Page 12 Monday, March 27, 2006 5:21 PM private agency 13 Minister's power to delegate the powers and duties of 17. (1) the Minister may, in writing, delegate all or any of the powers and duties under this Act or under any rules made thereunder to an officer in the federal public service and may at any time revoke such delegation of powers and duties.
(2) no such delegation of powers and duties under subsection (1) shall affect the exercise of the power or the obligation by the Minister.
Power make rules 18. The Minister may make rules generally for carrying out the provisions of this Act and the rules that may — (a) prescribing the fees or charges for the purposes of this Act;
(b) provide information and documents to be provided for the purpose of application for the licence or approval letter;
(c) make provision concerning the acquisition and recording photographs of people who apply for a license or approval letter;
(d) prescribing the amount and type of the deposit will be kept by the accountant under section 3;
(e) prescribing the forms of licences shall be issued under section 3 and the form of identity papers under section 7;
(f) provide on approving the uniform, badge or emblem to be worn by an employee of a licensed private agency;
(g) prescribing the employees that will be maintained by a licensed private agency and make provision about its inspection;
027b.fm Page 13 Monday, March 27, 2006 5:21 PM 14 laws of Malaysia ACT 27 (h) stipulates that an act done or not done in contravention with the provisions of any such method shall be an offence;
(i) convene the transitional provisions in respect of private agency business which has been carried out before the commencement of this Act;
(j) provide generally for the purpose of implementing this Act.
Saving of 19. (1) to the extent any provision of this Act in respect of a business or company, such provision shall be construed in addition to and not as a reduction of the power of the provisions of any written law relating to registration of business or in connection with the company.
(2) there is nothing in this Act shall be — (i) construed as giving a licensed private agency or its employees of any of the powers conferred by any written law to and that can be carried out by a police officer, customs officer, immigration officer, prison officer, or any other public officer;
(ii) to authorize a licensed private agency or its employees to do or not to do an act which, if done or omitted is in contravention with something written law.
Repeal 20. Ordinance No. 58 (powers necessary) Emergency 1970 is repealed.
027b.fm Page 14 Monday, March 27, 2006 5:21 PM 15

Laws of MALAYSIA Act 27 PRIVATE AGENCY ACT 1971 LIST AMENDMENT of laws that amend the short title of the Act in force Act 160 Malaysian currency (Ringgit) 1975 29-08-1975 027b.fm Page 15 Monday, March 27, 2006 5:21 PM 16 laws of MALAYSIA Act 27 PRIVATE AGENCY ACT 1971 LIST of SECTION AMENDED Section Power amend with effect from 13 Act 160 29-08-1975 14 Act 160 29-08-1975 027b.fm Page 16 Monday , March 27, 2006 5:21 PM