Tabung Haji Act, 1995

Original Language Title: Tabung Haji Act 1995

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JW002406 Act 535 Tabung Haji 1 tiny Malaysian law REPRINT Act 535 TABUNG HAJI ACT, 1995 As at 1 may 2014 ISSUED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 2014 Malaysia2 law ACT 535 TABUNG HAJI ACT, 1995 date of Assent......... February 7, 1995 date of publication in the Gazette of ... ... more 16 February 1995 Tabung Haji 3 laws of MALAYSIA Act 535 TABUNG HAJI ACT, 1995 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title, commencement and application 2. Interpretation part II LEMBAGA TABUNG HAJI 3. Establishment of Lembaga Tabung Haji 4. Functions of the Board 5. Seal of the Board 6. Membership of the Board 7. Remuneration 8. Board meeting 9. Disclosure of interest in a transaction with the Board 10. Power of Minister to give directions and require information 11. Committee PART III officers, SERVANTS and AGENTS of the BOARD 12. Chief Executive Officer of law Malaysia4 ACT 535 section 13. The appointment of the officers, servants, agents, advisors, etc.
14. Power to make regulations in respect of the conditions of service and discipline PART IV FINANCIAL 15. Fund 16. Deposits of 17. Financing or financial assistance 18. Power to borrow 19. Regulations in relation to deposits and withdrawals 20. Investment Fund 21. 22 Reserve Fund. Declaration of the distributable profit 23. Unclaimed money 24. Government guarantee of payment is 25. The estimated annual 26. Act statutory bodies (accounts and annual reports) 1980 part V ORGANIZER PILGRIMS 27. Restrictions on organizing pilgrims 28. License application and issuance of licence 29. Deposit of collateral 30. Penalties for violations of the terms and conditions of licence 31. Obligations of the Organizer pilgrims if pilgrims retained in the Holy land or elsewhere 32. Tickets to pilgrims 33. Authorization to issue a ticket one way Tabung Haji 5 PART VI PILGRIMS Section 34. Conditions for a trip to the Holy Land 35. The Board shall issue a Passport Haji 36. The price shall be marked on the ticket PART VII MISCELLANEOUS 37. Description under this Act 38. The provisions on jurisdiction 39. General penalty and attempt, etc., to commit the offence of 40. Liability of managers, etc.
41. power to compound offence 42. The obligation to secrecy 43. Protection for members, officers, servants and agents of 44. Public servants 45. The power to make regulations 46. The power to amend the schedule of PART VIII REPEAL and TRANSITIONAL 47. The Managing Board Act repeal and Tabung Haji 1969 48. Survivorship 49 members. Survivorship law, etc.
50. The transfer of the powers, rights, liabilities and obligations of 51. The transfer of land and property 52. Existing contract 53. Survivorship civil and criminal proceedings 54. The transfer of the funds of the 55. The transfer of the depositors in the Provident Fund Law Malaysia6 ACT 535 Section 56. Confirmation of Act 57. Survivorship Director General, 58 officers and servants. Disciplinary proceedings pending 59. Use of the seal of the TABLE Tabung Haji 7 laws of MALAYSIA Act 535 TABUNG HAJI ACT, 1995 an act to establish the Lembaga Tabung Haji; and to provide for matters connected and incidental thereto.
[1 June 1995, P.U. (B) 244/1995]
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, commencement and application 1. (1) this Act may be cited as the Tabung Haji Act, 1995 and shall come into force on such date as the Minister may, by notification in the Gazette.
(2) this Act shall apply throughout Malaysia.
Interpretation 2. (1) in this Act, unless the context otherwise requires — "the appointed day" means the day specified by the Minister under subsection 1 (1);
"Committee" means the Committee established under subsection 11 (1);
Law Malaysia8 ACT 535 "pilgrims" means any Muslim to travel from any exit or elsewhere in Malaysia or elsewhere for the purposes of performing Hajj in the Holy Land;
"Chief Executive Officer" means the person appointed under section 12;
"Fund" means the Fund Lembaga Tabung Haji established under section 15;
The "Reserve Fund" means the Fund established under section 21;
"Board" means the Lembaga Tabung Haji established under section 3;
"the organizing pilgrims license" means a license issued under section 28;
"Minister" means the Minister charged with the responsibility for supervision of pilgrims;
"Muslim" means a person profess Islam;
"person" includes a body of persons, whether incorporated or unincorporated;
"Hajj Passport" means a travel document in the prescribed form issued to someone pilgrims under section 35;
"depositor" means a person authorized by the Board under section 16 to deposit money with the Board for the purpose specified in that section;
"the pilgrims" means any person licensed under section 28;
"passenger" means any person carried in an aircraft in return for payment of the fare for that purpose;
Tabung Haji 9 "pilgrims aircraft" means aircraft dicarter, or in respect of which the arrangements made, for the purpose of bringing pilgrims to or from any airport in Malaysia to or from any airport became the entry to or exit from the Holy Land, and includes any aircraft which is more than the passenger quarter was brought pilgrims carrying such;
"remuneration" includes salary or wages, medical benefits, allowances, free or subsidized housing and other privileges which can be evaluated with money;
"financial year" means a period of twelve calendar months ending on December 31;
"pilgrims ticket" means a ticket which entitles, or purporting to give such rights, to any person for carrying as passengers in aircraft pilgrims;
"unclaimed money" means — (a) moneys payable to a depositor but not yet paid not less than twelve months after the money became payable; and (b) the funds in the account a depositor who are not handled by the depositor either by way of deposit or withdrawal for a term of not less than seven years.
(2) in this Act, unless the context otherwise requires, any reference to the fact of not doing any act or thing shall include a reference to the refusal to do the Act or the thing.
PART II Of LEMBAGA TABUNG HAJI Establishment Of Lembaga Tabung Haji 3. (1) be it established a body corporate by the name "Lembaga Tabung Haji".
Law Malaysia10 ACT 535 (2) the Board shall have perpetual succession and have a common seal and may sue and be sued (s).
(3) subject to and for the purposes of this Act, the Board may enter into contracts and can acquire, purchase, take, hold and enjoy any kind of movable and immovable and may transfer, assign, surrender, refund, charge, mortgage, mendemis, re-assign, transfer, or in any other manner dispose of, or make any business of any movable or immovable or any interest thereon which are vested in the Board based on such terms as it thinks fit.
Functions Of The Board 4. (1) the Board shall have the following functions: (a) administering the Fund;
(b) administer all matters relating to the welfare of the pilgrims and to formulate policies related thereto; and (c) do any other thing required or permitted to be done under this Act.
(2) the Board shall have the power to exercise any or all of its functions as a whole or in part in Malaysia or outside Malaysia.
(3) the Board may, with the approval of the Minister: (a) participate in any partnership, joint venture, undertaking or any form of cooperation or other arrangement for sharing of profits or to carry out its activities along with, or otherwise, any person, public authority or Government run or are involved in any such activities;
(b) to take or otherwise acquire shares and securities in any public authority, the Corporation or other body and can sell, hold or reproduce or share the security or otherwise dispose of or deal with it;
Tabung Haji 11 (c) to establish the Corporation with any name deemed fit by the Board to carry out and be responsible for, operate and manage any project, a scheme or enterprise that already planned or undertaken by the Board; or (d) to establish or organize the setting up of companies under the companies Act 1965 [Act 125] to carry out or engage in any activity that is already planned or undertaken by the Board.
(4) the provisions of the Schedule shall apply to a corporation established under paragraph (3) (c).
Seal of the Board

5. (1) Seal of the Board shall contain a device approved by the Board and such seal may from time to time be broken, changed, altered and made new by the Board as it may deem fit.
(2) the seal shall be kept in the custody of the Chief Executive Officer and shall be authenticated by him or by any officer authorized by the Board in writing.
(3) all deeds, documents, and other instruments purporting to be sealed with the seal of the Corporation and are certified in accordance with subsection (2) shall, until the contrary is proved, be deemed to have been validly executed.
(4) Notwithstanding subsection (3), any document or instrument which if executed by a person not being a body corporate shall not be required to be sealed in the same way by the Board, and any such document or instrument may be executed on behalf of the Board by any of the officers or servants of the Board authorized generally or specially by the Board for that purpose.
(5) the common seal of the Board shall be officially and judicially noticed.
Law Malaysia12 ACT 535 membership of the Board 6. (1) the Board shall consist of the following members: (a) a Chairman, who shall be appointed by the Minister;
(b) a representative of the Office of the Prime Minister;
(c) a representative of the Treasury; and (d) not more than seven other members who shall be appointed by the Minister.
(2) No person shall be appointed to be a member of the Board unless he is a Muslim and Malaysian.
(3) the following persons are not eligible to be appointed as a member or to become a member of the Board: (a) the person bankrupt;
(b) the person has been convicted of an offence and sentenced to imprisonment for a term not less than one year; or (c) the person who is of unsound mind or is otherwise unable to perform his functions as a member of the Board.
(4) If a member of the Board of — (a) not attending three consecutive meetings of the Board without the written permission of the Chairman of the Board; or (b) cease to be eligible under subsection (3), his position as a member of the Board shall be vacated.
(5) the Minister may at any time revoke the appointment of any member of the Board without assigning any reason therefor.
(6) a member of the Board may at any time resign by giving notice in writing to the Minister.
Tabung Haji 13 (7) subject to subsection (4), (5) and (6), a member of the Board shall hold office for a term not exceeding three years and are eligible for reappointment.
Remuneration 7. Subject to subsection 12 (3), the Board shall not be entitled to such remuneration but may be paid any honorarium and travel and subsistence allowance as determined by the Minister.
Board Meeting 8. (1) the Board shall meet at least once every three months.
(2) Three members of the Board shall form a quorum at any meeting of the Board.
(3) the Chairman or, in his absence, a member appointed by the members present shall preside at the meeting.
(4) If on any question there is equality of votes, the Chairman shall have a casting vote in addition to his original vote.
(5) any minutes made of meetings of the Board shall, if duly signed, is admissible in evidence in all legal proceedings without further proof and every meeting of the Board in respect of which minutes have been so made shall be deemed to have been duly convened and held and all members at the meeting duly qualified to act.
(6) subject to subsection (1), (2), (3), (4) and (5), the Board may determine its own procedure.
Law Malaysia14 ACT 535 disclosure of interest in a transaction with the Board 9. (1) any member of the Board who have or acquire, directly or indirectly, personally or by his or its agent — (a) any share or interest — (i) in any contract made with the Board;
(ii) in any work done to the Board; or (iii) in any company or firm of which the Board proposes to enter into contracts with respect to any undertaking; or (b) any interest of the beneficiaries of the land proposed to be acquired, purchased, leased or managed otherwise by the Board, which he knows will be affected or likely to be affected by any project, scheme or enterprise approved or proposed to be approved by the Board, shall declare the nature and extent of the share or interest to the Board.
(2) a declaration required to be made by a member under subsection (1) shall be made — (a) at meetings of the Board any question relating to the contract, procurement, purchasing, leasing, transactions, projects or schemes referred to in that subsection is first considered;
(b) if the Member does not have any share or interest as is mentioned in paragraph (a) as at the date of the meeting referred to in that paragraph, the next at such meetings held after he acquire shares or interest thereof; or (c) If a member acquires any share or interest in any contract with the Board after the contract is made, at the first meeting held after the members acquire shares or interest it.
Tabung Haji 15 (3) for the purposes of this section, a general notice given to the other members by a member which means that he is a shareholder or Director of any company or firm specific and should be interested in any contract which may, after the date of the notice, be made to or by the company or the firm, shall be deemed a sufficient Declaration of interest in relation to any contract so made.
(4) the notice given under subsection (3) shall not have effect unless given at meetings of the Board or member concerned took reasonable steps to ensure that the notice is submitted and read at the next Board meeting after the notice is given.
(5) every declaration made pursuant to this section shall be recorded in the minutes of the meeting at which the Declaration is made or read.
(6) no member of the Board may vote on any resolution or question relating to any contract, procurement, purchase, lease, transactions, projects or schemes with which he has any share or interest, whether or not he's already declared shares or stake, or taking part in any consideration (other than on a legislative institution) or decision related to it or any matter incidental thereto and if he do that — (a) her vote cannot be counted; and (b) he shall not be counted in the quorum present at the meeting for the purpose of resolution of the question or.
Power of Minister to give directions and require information 10. (1) the Minister may notify the Board of any direction of a General in accordance with the Act relating to the implementation of the functions of the Board and the Board shall enforce all such instructions.
Law Malaysia16 ACT 535 (2) the Board shall give the Minister such statements, accounts and other information with respect to the property and activities of the Board as may be required from time to time.
The Committee 11. (1) for the purposes of its functions, the Board may establish, if it deems necessary, the Committee, each consisting of such number of members and its terms of reference which it may specify.
(2) the person is not eligible to be appointed as a member or to become a member of the Board under subsection 6 (3) is also not eligible to be appointed as a member or to become a member of a Committee.
(3) a member of a Committee shall hold office for the term specified in the letter of appointment and shall be eligible for re-election.
(4) the Board may revoke the appointment of any member of a Committee without assigning any reason therefor.
(5) a member of a Committee may at any time resign by giving notice in writing to the Chief Executive Officer.
(6) each Committee shall meet at least every two months.
(7) If a member of a Committee — (a) not attending three consecutive meetings of the Committee were also without written permission-Chief Executive Officer; or (b) cease to be eligible under subsection (2), his position as a member of the Committee shall be vacated.
(8) subject to subsection (6) and (9), sections 7, 8 and 9 shall apply to a Committee and its members as that section applies to the Board and its members.
Tabung Haji 17 (9) In its application to a Committee — (a) section 7 shall be read as if the words "the Minister" were replaced with the word "Board"; and (b) of section 9 shall apply to a member of a Committee in respect of any contract or any acquisition, purchase, or lease transaction of land or any project, investment or scheme that became the Managing Committee.
PART III Officers, SERVANTS And AGENTS Of The BOARD Chief Executive Officer

12. (1) The Minister may appoint any member of the Board to become Chief Executive Officer of the Board upon such terms and conditions as determined by the Board with the consent of the Minister.
(2) the Chief Executive Officer shall have such powers and duties conferred or imposed on it by this Act or from time to time by the Board in addition to any powers and duties set out in the letter of appointment.
(3) Notwithstanding section 7, the Chief Executive Officer may be paid any salary or allowance determined by the Board with the consent of the Minister.
The appointment of the officers, servants, agents, advisors, etc.
13. (1) subject to any regulations made under section 14 and 15, the Board may from time to time — (a) appoint and employ upon such terms and conditions as the Board may think fit any person to be the Managing Director, Executive Director, General Manager, and any other officers and servants as may be necessary to carry out the purposes of this Act; and the law Malaysia18 ACT 535 (b) exercise disciplinary control over officers and pekhidmatnya.
(2) the Board may employ and pay agents and advisory techniques including advocates and solicitors, bankers, stock brokers, surveyors or valuers or others, to carry on any business or do any act which are required to be carried out or performed on its functions or to implement the better purposes of this Act, and may pay out of the Fund all charges and expenses done so.
(3) the Board may by instrument under seal to appoint any person whether in Malaysia or any place outside Malaysia to be its representative and such person appointed may, subject to the terms of the instrument, to do any act or perform any of the powers or functions which he is authorised by the instrument to do it or carry it out.
The power to make regulations in respect of the conditions of service and discipline 14. (1) the Board may, from time to time, with the approval of the Minister, make regulations with respect to the conditions of service of officers and pekhidmatnya and respect discipline officers and pekhidmatnya.
(2) regulations made under this section with respect to the discipline of officers and servants. The Board may establish any disciplinary offence and provide for any disciplinary punishment deemed appropriate by the Board, such allotted and the sentence may include dismissal or demotion, and may include provision for — (a) the detention of work with a reduction of salary or other remuneration; or (b) suspension without pay or other remuneration of an officer or the Board of servants during disciplinary proceedings pending against him.
Tabung Haji 19 PART IV FINANCIAL Fund 15. (1) shall be established, for the purposes of this Act, a fund which shall be administered and controlled by the Board.
(2) the Fund shall consist of — (a) deposits received under section 16;
(b) all grants, donations, gifts, contributions, and bekues provided to or for the benefit of the Board;
(c) any sum of money that may be paid from time to time to the Board of any funding or financial assistance given by the Board and all sums from time to time due to the Board in respect of the repayment of any funding or financial assistance provided out of the Fund;
(d) money acquired by way of handling any project, scheme or Enterprise Agency, financed out of the Fund;
(e) any fees and other moneys as may be determined;
(f) any other property, investments, mortgage, lease, rental, charges or debentures acquired by or vested in the Board and money obtained or arising therefrom;
(g) all income from investments the Fund Reserves;
(h) all moneys borrowed by the Board; and (i) all money or other property that may by any means be payable to or vested in the Board in respect of any matter incidental to the functions, powers or duties.
Law Malaysia20 ACT 535 (3) the Fund may be used for all or any of the following purposes: (a) the issuance of a deposit with or without the distributable profit as determined by the Board on deposit in accordance with this Act;
(b) the repayment of the loan and any expenses and other expenses authorized by this Act or any regulations made under this Act;
(c) administrative expenses include remuneration and termination benefits;
(d) other expenses incidental to the management of the Fund and the Board including any money required to settle any judgement, decision or award by any court or tribunal against the Board, any member of the Board or any Committee, or any of its officers, servants or agents of the Board in respect of any act, negligence or default made or done by him in the discharge of the functions of the Board; and (e) the grant of loans and advances to officers and servants of the Board if authorized by this Act or the regulations made under this Act.
Deposit 16. (1) the Board may accept deposits from any individual Muslim Malaysian nationality and resident in Malaysia.
(2) the Deposit shall be accepted for the following purposes: (a) storage for individuals is on pilgrimage in the Holy Land; or (b) as savings for investment or for any other purpose permitted by the Board.
Tabung Haji 21 Funding or financial assistance 17. (1) the Board may, with the approval of the Minister, provide financing or financial assistance to any company established under paragraph 4 (3) (d) and to any of its related companies, and financing or financial assistance that may be given subject to such terms and conditions as the Board may think fit to impose in certain cases.
(2) there is no guarantee or letter of indemnity can be issued by the Board or any corporation established under this Act without written permission from the Minister of finance.
Power to borrow 18. The Board may, with the approval of the Minister and the Minister of finance and on such terms and conditions and for such periods as approved by them, borrow any amount of money required by the Board for the purposes of this Act.
Regulations in relation to deposits and withdrawals 19. The Board may, with the approval of the Minister in relation to deposits and withdrawals, make regulations regarding — (a) how to deposit into the Fund shall be made;
(b) the provision that separate accounts are kept for each depositor;
(c) the methods of production of any amount in the depositor's account shall be made; and (d) evidence that must be submitted when made any application for withdrawal.
Law Malaysia22 ACT 535 Investment Fund 20. (1) the assets of the Fund shall, so far as is not required to be expended by the Board under this Act, be invested in whole or partly in Malaysia or outside Malaysia and in such manner as the Board may think fit.
(2) the Board may not exercise power investments under subsection (1) without the approval of the Minister.
Fund Reserves Of 21. (1) the Board shall establish and manage a fund the Reserve Fund.
(2) the Board may from time to time transfer the assets of the Fund to the Reserve Fund or from the Provident Fund reserves.
(3) Transfers to the Reserve shall be determined by the Board and the transfer of the Reserve Fund shall be determined by the Minister.
(4) section 20 shall apply to the assets of the Fund Reserves as they apply to the assets of the Fund.
Distributable profit Declaration 22. (1) subject to this section, the Board may in its absolute discretion determine at any time whether it is appropriate to declare a sum of money as the distributable profits in respect of any period or a particular year Group Money and if he determines to declare such a Board shall, with the approval of the Minister, to declare a sum of money as profit distribution with respect to such period or a particular year of the Fund.
(2) If a declaration is made under subsection (1), the Board shall also determine the manner, amount and timing for crediting the profit attributable to each depositor.
Tabung Haji 23 (3) no distributable profit can be declared unless the Board has first established a Reserve Fund, and there are no distributable profit can be declared in any year unless at the end of the year — (a) the assets of the Fund not less than the total liabilities of the Fund, the amount payable to the depositor are calculated as if payable immediately; and (b) the assets of the Fund Reserve not less than any percentage of the amount of the moneys actually to depositors as of the end of the year includes the distributable profit, as approved by the Treasury.
(4) any payment required to be made out of the Fund for the purposes of this section shall, so far as money in the Fund is not sufficient for that purpose, made from the Reserve Fund.

(5) any decision of the Board in respect of the amount of distributable profit that will be assigned to a depositor shall be final and binding upon the depositor and a certificate by the Chief Executive Officer shall be conclusive evidence of the distributable profit that allotted to the depositor.
Money not claimed 23. (1) where the Board has declared under section 8 of the unclaimed moneys Act 1965 [Act 370] as not being a company to which part II of the Act applies, all unclaimed moneys held by the Board shall be recorded in the register kept by the Chief Executive Officer.
(2) Notwithstanding any law to the contrary, all unclaimed money shall be held in the Fund until the money is paid to the depositors concerned at any time later than that.
(3) for the purposes of this section, "depositors", in respect of any individual, including their respective heirs, executors, personal representatives, administrators, submitters rights, legal representative and agent of the individual.
Law Malaysia24 ACT 535 Government guaranteed about costs 24. (1) where any expenses of the Board in relation to the withdrawal by depositors could not been borne out of the Fund or the Fund Reserve expenses shall be charged on and payable out of the consolidated fund.
(2) any payment out of the consolidated fund shall as soon as practicable be reimbursed by the Board to the Consolidated Fund and until the money is paid back the money shall be the amount due to the Government's first on the assets and liabilities of the Fund and Reserve Fund.
Annual estimates 25. (1) the Chief Executive Officer shall, not later than one month before the commencement of each financial year, present in front of the Board of an estimate of the expenses of the Board (including capital expenditure) for the following year with details and in the form specified by the Board.
(2) a copy of the estimate referred to in subsection (1) shall be sent to each Member of the Board not less than fourteen days before the meeting and before it the estimates are presented.
Act statutory bodies (accounts and annual reports) 1980 26. Provisions of the Act statutory bodies (accounts and annual reports) 1980 [Act 240] shall apply to the Board.
Part V ORGANIZER PILGRIMS restrictions on organizing pilgrims 27. (1) No person shall — (a) carry on or Transact Business organizing trips to the Holy land for the purpose of performing Hajj;
Tabung Haji 25 (b) advertise that he conduct business transactions or make organizing travel, or that he was organizing a trip to the Holy land for the purpose of performing Hajj;
(c) make or continue to make any representations which means that he conduct business transactions or make organizing travel, or that he was organizing a trip to the Holy land for the purpose of performing Hajj; or (d) do any act or thing which may be reasonably led the Board to believe that the person will carry on or Transact Business organizing travel, or will organize a trip to the Holy land for the purpose of performing Hajj, unless he holds a valid organizer pilgrims granted by the Board.
(2) any person who contravenes subsection (1) commits an offence and shall on conviction — (a) in respect of the first offence, a fine not less than one hundred thousand ringgit or to imprisonment for a term not exceeding one year or both of each; and (b) in respect of the offence second or any subsequent offence, a fine not less than five hundred thousand dollars or to imprisonment for a term not exceeding five years or both.
License application and issuance of licences 28. (1) an application for a license the pilgrims should be made to the Board in writing in the prescribed manner.
(2) the Board may require an applicant for a licence of the organizing pilgrims to provide any additional information or documents as it may deem necessary for the purposes of determining the application.
Law Malaysia26 ACT 535 (3) the Board may, after considering an application made under subsection (1) and any additional information or documents provided in accordance with a requirement under subsection (2), issue to the applicant a licence Organizer pilgrims on payment of the prescribed fee and subject to such terms and conditions, if any, as it thinks fit, or may, if it regards should refuse to issue such license, without assigning any reason therefor.
(4) every licence Organizer pilgrims shall, unless cancelled or suspended in advance, remain in force for the term specified in such licence.
Security deposit 29. (1) every applicant who are granted a license of the organizing pilgrims shall deposit with the Board as soon as possible after the issuance of the licence, and in any case not later than such period as may be determined by the Board, and shall be subsequently maintain with a security deposit in the form of — (a) bank guarantee in any form and for any amount approved by the Board; and (b) cash deposits for any amounts determined by the Board.
(2) the Board may require any organizer pilgrims to provide bank guarantees for new or depositing extra cash for such amounts and in such manner as determined by the Board as sufficient collateral for the time being for the persistence of the Pilgrim organizer's license.
(3) the Deposit security required under subsection (1) shall be held as security for proper compliance with the terms and conditions imposed by the Board under subsection 28 (3) and for the proper implementation of the obligations imposed under section 31.
Tabung Haji 27 (4) if any of the pilgrims do not comply with any of these terms and conditions or is not performing any obligation referred to in subsection (3), he shall melucuthakkan to the Board of any part of the security deposit as determined by the Board.
(5) the Board may validly in law from time to time cut from collateral deposit any amount may be required — (a) to settle the amount of any forfeiture under subsection (4);
(b) to pay any sums claimed under section 31;
(c) to repay any sum of money that may be paid by the Board in good faith to any person claiming that he is entitled to or has an interest on the amounts that money.
Penalties for violations of the terms and conditions of a licence 30. (1) any organizer pilgrims who contravenes any term or condition of his/her license commits an offence and shall on conviction — (a) in respect of the first offence, a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding one year or to both; and (b) in respect of the offence second or any subsequent offence, a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding five years or both.
(2) the Board shall cancel the license of any organising pilgrims who found guilty under subsection (1).
(3) the Board may, when any organizer pilgrims with an offence under subsection (1), suspend the Cabinet Organizer hajinya license pending disposition of the case.
Law Malaysia28 ACT 535 organizing Obligations if pilgrims pilgrims in the Holy land or retained elsewhere 31. (1) every Pilgrim Organizer or his agent who is resident in Malaysia shall be responsible for the proper implementation of the obligations of the following in respect of every aircraft dicarter or which arrangement made by him for bringing pilgrims to or from the Holy Land: (a) that if any of the pilgrims in the Holy Land retained or elsewhere for a period longer than twenty-four hours from the time and date in the aircraft should have the pilgrims, the organizer shall pay to the Ambassador or Consul of Malaysia in the Holy land or elsewhere any sum of money determined by the Board from time to time as sufficient to living allowances for all pilgrims until the pilgrims have the opportunity to be brought back to Malaysia; and (b) that if any pilgrims who have the return ticket issued in Malaysia retained in the Holy land or somewhere else as no place given by any aircraft for which tickets can be used, for any period longer than the maximum number of days is determined by the Board from time to time in kiraannya shall be made from the time and date when the place over the aircraft should have then the Pilgrim organizer shall pay to the Minister in respect of each such pilgrims of any amount of money demanded by the Minister as the cost to send the pilgrims back home.
(2) the period referred to in subsection (1) cannot be started as long as the aircraft is prevented from bringing pilgrims on the way home because of the interruption of the war or any kind of vis major.

(3) the certificate of the prisoner purporting to be signed and sealed with the seal of the Malaysian Consul or Ambassador consular in the Holy land or elsewhere acceptable as Tabung Haji 29 evidence of all facts stated therein and shall be accepted, without first proved by the signatures, as evidence in any court in Malaysia or in any arbitration.
Tickets to pilgrims 32. (1) every Pilgrim organizer shall issue or cause to be issued to someone a joke "pilgrims to the Holy Land conducted by him an air ticket for the return journey of the pilgrims to the Holy Land and returned from the Holy land.
(2) Notwithstanding subsection (1), a ticket for trips need not be issued to any pilgrims who submit written permission as referred to in section 33.
(3) every ticket issued under subsection (1) shall be issued which will allow pilgrims to whom the ticket was issued for performing Hajj.
(4) any organizer pilgrims who contravenes subsection (1) or (3) commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding one year or to both.
(5) Notwithstanding any penalty under subsection (4), the Board shall have the right, if a person organising pilgrims do not comply with subsection (1), to enter into arrangements for the purchase of tickets for trips someone pilgrims and pilgrims organizer shall be liable for and bear all costs incurred by him and shall indemnify the Board for the cost on demand.
Authorization to issue a ticket one way 33. The Board may issue a written permission, subject to such terms and conditions as he thinks fit to impose, which allows distributed to any ticket one way pilgrims to the Holy land.
Law Malaysia30 ACT 535 PART VI PILGRIMS conditions for a trip to the Holy Land 34. (1) no pilgrims can travel or attempt to travel to the Holy land for performing Hajj unless the Board has issued him a written certification verifying that pilgrims it already — (a) duly issued a Hajj Passport;
(b) issued by the relevant authorities and through the Board of visa valid for on pilgrimage in the Holy land for the pilgrimage time;
(c) pay or cause to be paid full ticket go their recoverable amounts for travel to the Holy land to perform Hajj and returned from the Holy land or, in the case of pilgrims who have been granted authorization under section 33, of pay or cause to be paid the full travel tickets sehalanya;
(d) pay or cause to be paid in full any amount of extra money for the Board as sufficient for living expenses during the pilgrims whole period she lived in the Holy Land and costs that are already verified proper accepted by the Board or by organizing relevant pilgrims; and (e) undergo any medical examination approved by the Board.
(2) the Board may in its b icara mut laknya exempt any person from the application of any part of this section or amend or vary any of the requirements under this section in respect of any person.
Tabung Haji Board shall issue a passport Haji 35. (1) the Board shall issue to each Passport Hajj pilgrims and Hajj Passport shall be deemed to be a passport and a valid reentry permit as if given under any law relating to the passport and immigration.
(2) a Hajj Passport is not valid except for the purpose of the journey to the Holy land to perform Hajj and returned from the Holy land.
Ticket prices should be marked on the 36. (1) No person shall sell to any pilgrims pilgrims ticket unless the price ticket is sold with it clearly marked on the ticket in Malay and English.
(2) any person who contravenes this section commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit.
PART VII MISCELLANEOUS Evidence under this Act 37. In any proceedings for judgment any penalty under this Act — (a) any document purporting to be made and signed by any officer of any Embassy or Consulates or foreign; and (b) any copy of the proceedings of any Court duly certified, shall be admissible in evidence, if found to have been sent formally to any officer in or near to the proceedings under this Act are carried out.
Law Malaysia32 ACT 535 Provision about the jurisdiction of 38. For the purpose of giving jurisdiction under this Act, every offence shall be deemed to have been made and every cause complaints have arisen either in the place of the offence actually committed or cause is actually consequential or in any place where the offender or the person against whom the complaints were made.
General penalty and attempt, etc., to commit offences 39. (1) any person who commits an offence under this Act or any regulations made under this Act for which no real penalty on conviction be provided — (a) in respect of the first offence, to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three months or to both; and (b) in respect of the offence second or any subsequent offence, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding six months or to both.
(2) any person who — (a) attempting to commit any offence under this Act or any regulations made under this Act;
(b) commits any act in preparation to commit or to facilitate the Commission of any offence under this Act or any regulations made under this Act; or (c) aiding and abetting or participating in a criminal conspiracy to do (as the term is defined in the Penal Code [Act 574]) of any offence under this Act or any regulations made under this Act, whether or not the offence was done arising thereof, commits an offence and shall be liable to the penalty provided for the offence.
Tabung Haji 33 liability of managers, etc.
40. (1) where any offence under this Act has been committed by a person, in this section referred to as "principal", any person who at the time the offence is committed in any way or up to any extent responsible for the management of the business or Affairs of the principal or assist in the management that was committed such offence unless he proves that the offence was committed without the consent or pembiarannya and that he took all reasonable precautions that should be taken by him , taking into account the type of functions on the property, to prevent the Commission of the offence.
(2) if any of the principal shall be liable to any penalty or penalties under this Act or any regulations made under this Act, including the cancellation of his/her license, because of any act, omission, negligence or default, he shall be liable to the same punishment or penalty for every act, omission, negligence or default of any servants or agents if the acts, omissions, negligence or default is done by the servants in the course of his employment or by the agent while acting on behalf of the principal.
Power to compound offence 41. (1) the Board may compound any offence against this Act or any regulations made under this Act may be prescribed by the Board as the error can compound to receive from the person reasonably suspected to have committed such offence a sum of money not exceeding fifty per cent of the maximum fine which such offence is punishable.
(2) when payment is received under subsection (1), no further proceedings may be taken against that person in respect of that offence.
(3) any money paid to the Board in accordance with the provisions of this section shall be paid into and form part of the Fund.
Law Malaysia34 ACT 535 obligation to secrecy 42. (1) No officer or Board servants or others who have access to any statement, accounts, records, correspondence, documents, information or any other materials obtained by reason he recruited or taken services by the Board may disclose the statement, accounts, records, correspondence, documents, mails, such information or other material to any other person unless the disclosure is authorized by the Board.
(2) any person who contravenes subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding one year or to both.
Protection for members, officers, servants and agents

43. (1) None of the Board or any Committee, or officers, servants or agents of the Board liable itself due to any loss or damage caused by any act or omission during the exercise of the powers or duties under this Act unless the loss or damage caused by the Act or omission deliberate harm.
(2) the Public authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceeding of the Board or of any member of the Board or any Committee, or any of its officers, servants or agents of the Board, in respect of any default made or done by him on such properties.
Public servants 44. All members of the Board and members of every Committee and all officers and servants of the Board shall be deemed to be public servants within the meaning of the Penal Code.
Tabung Haji 35 power to make regulations 45. (1) the Board may with the approval of the Minister, make any regulations necessary or expedient for giving full effect to the provisions of this Act, to carry out the purposes of this Act or any of its provisions, or for the implementation of more, better or easier provisions of this Act.
(2) without prejudice to the generality of subsection (1), regulations may be made — (a) with respect to the establishment and procedures of such committees;
(b) to charge a fee in any case determined by the Board;
(c) for storage, closing and auditing the accounts of the Board, including the thing about its accounting and financial procedures themselves;
(d) to regulate its own procedure including procedures relating to personnel matters and operational and lending money;
(e) to manage the deposit into and withdrawal from the Fund, and in particular — (i) to provide for nomination by the depositors of the person to whom any amount of moneys for her in that Fund at the time of his death shall be paid when he died, for the way the nomination may be cancelled and for the circumstances of the nomination shall be already cease to have effect and for the payment of that amount to the nominee named such;
(ii) to provide for the payment of sums of moneys to a depositor at the time of his death if there is no nomination by depositors of the person to whom the amount of money that must be paid when he dies;
(iii) to provide for the method of payment the distributable profit if a depositor dies or during production;
Law Malaysia36 ACT 535 (f) to fix the responsibility and control of officers and servants of the Board include matters relating to disciplinary proceedings and disciplinary punishment and appeals in respect of and in respect of the salaries, allowances, terms and conditions of service, length of service and public officers and pekhidmatnya;
(g) to prescribe the manner for any type of document, check and instrument shall be signed or executed on behalf of the Board;
(h) to provide for the form and procedure in passport issuance Haji;
(i) to set the person by whom and the conditions upon Passport Haji may be given;
(j) to provide for the granting of loans or advances to any officers or servants of the Board — (i) to purchase or erect houses didiaminya or he proposes to occupy the unit or to release any charges or mortgages or any other encumbrances upon the House;
(ii) to purchase a vehicle for his own use;
(iii) for the acquisition of personal computers or other items as are necessary or useful for the performance of his duties as an officer of better or such servants; or (iv) for any educational or medical expenses required by him;
(k) to prescribe the terms and conditions and procedures for the granting of loans or advances to any officers or servants of the Board, including, if the loan is for the purpose of purchasing or married or releasing any burden on the home, provided that the House including the land became its site shall be digadaikan to diserahhakkan or to the Board as security for the loan;
Tabung Haji 37 (l) to provide for procedures for the compounding of offences;
(m) to provide for the destruction of records and documents after consultation in advance with the national archives; and (n) to provide for all matters that are required to be prescribed or as are necessary or expedient to give effect to this Act.
(3) regulations made under this section — (a) may provide that any act or omission that violates any of its provisions shall be an offence; and (b) may provide for the imposition of a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year for such offences.
The power to amend the Schedule 46. The Minister may, by order published in the Gazette, amend, add to or change the Schedule to this Act.
PART VIII REPEAL and TRANSITIONAL Repeal Act and Tabung Haji 1969 47. On the day that is fixed — (a) the Managing Board Act and Tabung Haji 1969 [Act 8], called "the repealed Act" in this Act, shall cease to have effect and is repealed; and (b) the Managing Board and Tabung Haji, that is a body corporate established under the repealed Act, shall cease to exist.
Law Malaysia38 ACT 535 Survivorship members 48. Every person who immediately before the appointed day in Office as a member of the Managing Board are appointed and Tabung Haji shall on that day become members of the Board and shall be subject to all provisions of this Act relating to such member and shall be deemed to have been appointed under this Act.
Survivorship law, etc.
49. (1) subject to this Act, all written law that touched or for protection of the Managing Board and Tabung Haji and in force immediately before the appointed day shall, until amended or revoked by the authority having power to do so, continue in force on and after the appointed day and interpreted as if this Act has not been made.
(2) all subsidiary legislation made or deemed to have been made under the repealed Act and in force immediately before the appointed day shall, to the extent consistent with the provisions of this Act, be deemed to have been made under this Act and shall remain in force until cancelled, superseded or expiry.
(3) any reference in any law of the repealed Act or the Managing Board and Tabung Haji shall, unless the context otherwise requires, be construed as a reference to this Act or the Board, as the case may be, and the expression that contains such a reference shall be construed accordingly.
The transfer of the powers, rights, liabilities and obligations of 50. Subject to this Act, all the powers, rights, privileges, obligations, liabilities or obligations which immediately before the appointed day is power, rights, privileges, obligations, liabilities or obligations of the Managing Board and Tabung Haji shall start from the day down to the Board.
Tabung Haji land and property Transfer 39 51. (1) subject to this Act, all the land immediately before the appointed day vested in or reserved under the provisions of any written law relating to land for the purpose of Managing and Tabung Haji Board shall, on that day, vested in the Board, or be deemed to be reserved for the purposes of the Board, as the case may be.
(2) subject to this Act and any directions of the Minister, all the property and assets other than land immediately before the appointed day vested in Board Matters and Tabung Haji or in any person on behalf of the Managing Board and Tabung Haji on that day shall be vested in the Board.
Existing contract 52. Subject to this Act, all deeds, bonds, agreement, instrument and work arrangements that existed immediately before the appointed day and touch any property transferred under section 51 shall be of full force and effect against or for the benefit of the Board and fully enforceable and effective as though the Board and non-Board and Tabung Haji which has named it or has become a party to it.
Survivorship civil and criminal proceedings 53. (1) subject to this Act, be repealed Act or repeal anything contained in this Act shall not affect the liabilities of any person prosecuted or sentenced for offences committed under a repealed Act before the appointed day, or any proceeding brought or penalties incurred before that date in respect of such offences.
(2) subject to this Act, any proceedings (whether civil or criminal) or cause of actions pending or existing immediately before the appointed day by or against the Board and Tabung Haji or any person acting on behalf of the Managing Board and of the Fund Law Malaysia40 ACT 535

Haji may be continued or commenced by or against the Board as the proceedings may be continued or commenced by or against the Board and Tabung Haji or such person as if this Act was not made.
(3) any appeal brought or permission to appeal applied for on or after the appointed day against a decision rendered in any legal proceedings before that day can be brought by or against the Board as it can be brought by or against the Board and Tabung Haji as if this Act was not made.
The Transfer Of The Fund 54. Subject to this Act, all moneys in, and due to the Fund established under section 19 of the Act which is repealed shall be in days moved to the Fund.
Transfer of depositors Fund 55. Every person who immediately before the appointed day be depositors in the Fund established under section 19 repealed Act shall on that day become depositors in the Fund and be subject to all provisions of this Act relating to the depositors in the Fund.
Confirmation of the Act 56. (1) every act or thing done by the Managing Board and Tabung Haji before days that will be valid in the event have been made by the Board under this Act are hereby validated and declared to have been lawfully done.
(2) without prejudice to subsection (1) — (a) every company incorporated or purporting to be established by the Lembaga Tabung Haji and practices under the companies Act, 1965 shall be deemed to have been established with valid and shall continue to exist as if it has been established by the Board under paragraph 4 (3) (d); and Tabung Haji 41 (b) any funding or financial assistance given by the Managing Board and Tabung Haji to a company referred to in paragraph (a) shall be deemed to have been lawfully granted.
Survivorship Director General, 57 officers and servants. (1) a person who became Director General of the Board of Managing and Tabung Haji immediately before the appointed day shall on that day — (a) be the Chief Executive Officer of the Board as if he had been appointed under section 12 until the expiry of his appointment under the repealed Act, unless he sooner resigns or his appointment is sooner revoked by the Minister under that section; and (b) a member of the Board as long as he continues to be the Chief Executive Officer.
(2) every person who immediately before the appointed day be employed as officers or servants of the Managing Board and Tabung Haji on that day shall be deemed to be employed as an officer of such servants or, as the case may be, for the Board on terms and conditions of service as applicable immediately before days.
Disciplinary proceedings pending 58. All disciplinary proceedings which, immediately before the appointed day, still pending against any officer or Managing Board of servants and Tabung Haji may, on or after that date, be continued against the servants or officers under this Act.
Use of the seal of the 59. Until a seal is provided by the Board under section 5, seal the Managing Board and Tabung Haji shall be the seal of the Board.
Law Malaysia42 ACT 535 TABLE [Subsection 4(4)] with respect to the Corporation 1. The Board shall, on or before the date of any corporation established under paragraph 4 (3) (c), make regulations in respect of the Corporation by specifying — (a) the purpose and objectives for which the Corporation is established;
(b) the rights, powers, duties and functions of the Corporation;
(c) the system of management of the Corporation; and (d) the relationship between the Corporation and the Board of control of the Corporation.
Effective regulations 2. Subject to this Act, any regulations made under paragraph 1 shall be binding on the Corporation in respect of which the regulation is made and shall have effect for all purposes as if they had been made in this Act.
Amendment of regulation 3. The Board may at any time amend, revoke or add to any regulations made in respect of any corporation under paragraph 1.
The winding 4. (1) the Board may, with the approval of the Minister, direct that any corporation established by him wound up and dissolved.
(2) upon the dissolution of any corporation under this paragraph, the assets of the Corporation after paid all liabilities shall be transferred to and vested in the Board.
(3) the winding up of a corporation under this paragraph shall be operated in such manner as may be prescribed by the Board.
The standard of the Corporation 5. Every corporation established under paragraph 4 (3) (c) shall be a body corporate with any name given by the Board to the Corporation and shall have perpetual succession and have a common seal and may sue and be sued 43 Tabung Haji (s) and can enter into contracts and can hold and deal with any property, movable or immovable and can do all things or other things that are incidental or related to a body corporate in accordance with This Act and subject to such restrictions or limitations as may be determined by the Board in each case.
Seal 6. (1) every such corporation shall have a common seal which shall bear such device as determined by the Corporation with the approval of the Board, and such seal may from time to time be broken, changed, altered and made anew by the Corporation as he may deem fit, with the approval of the Board.
(2) until a seal is provided by the Corporation under this paragraph, a stamp bearing the name of the Corporation and surrounding the letters "TABUNG HAJI" can be used as the seal of the Corporation.
(3) the common seal or stamp mentioned in subparagraph (2) shall be in the custody of any person directed by the Corporation and shall be authenticated by the person.
(4) all deeds, documents and other instruments purporting to be sealed with the seal, authenticated as provided in subparagraph (3), shall until the contrary is proved, be deemed to have been validly executed.
(5) any document or instrument which, if executed by a person not being a body corporate shall not be required that can be sealed in the same way by the Corporation; and any such document or instrument may be executed on behalf of the Corporation by any officer or authorised servants of the Corporation generally or specially by the Corporation for that purpose.
(6) the seal of every corporation shall be officially and judicially noticed.
Law Malaysia44 ACT 535 laws of MALAYSIA Act 535 TABUNG HAJI ACT, 1995 LIST AMENDMENT law short title force amend from − NO − Tabung Haji 45 laws of MALAYSIA Act 535 TABUNG HAJI ACT, 1995 LIST SECTION AMENDED Section law force amend from − NO-JW002406 20-06-2014 Printer Copyright H PERCETAKAN NASIONAL MALAYSIA BERHAD all rights reserved. No part whatsoever of this publication may be reproduced or stored in a recoverable form or published in any form by any means electronic, mechanical, photocopying, recording and/or otherwise without the prior written permission of Percetakan Nasional Malaysia Berhad (printer to the Government of Malaysia appointed).
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