Pembangunan Sumber Manusia Berhad Act 2001

Original Language Title: Pembangunan Sumber Manusia Berhad Act 2001

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Laws of Malaysia Act 612 Reprinting peMbangUnan sUMber ManUsia berhad Act 2001 Contains all amendments to 1 January 2006 published by the Commissioner of law revision, under the authority of Law Revision Act 1968 In collaboration with PerCetakan naSional malaySia bhD 2006 laws of Malaysia Act 612 Act peMbangUnan sUMber ManUsia berhad 2001 Royal Assent date............ February 15, 001 date of publication in the Gazette of ... ... more March 1, 001 Reprint before Reprinting the first............ 2002 Pembangunan Sumber Manusia Berhad laws of Malaysia Act 612 Act peMbangUnan sUMber ManUsia berhad 2001 arrangement of sections part i preliminary section 1. short title, application and commencement. interpretation part ii Corporation. the main objective of the Corporation 4. The functions of the Corporation 5. powers of the Corporation 6. budget 7. Board 8. alternate member 9. the Committee 10. The application of the memorandum and articles of Association of the Corporation 11. Disclosure of interest 1. account part iii registration and leVi human resources development 1. the obligation of employers to register with the Corporation 14. Imposition of levies 4 laws of Malaysia Act 612 section 15. The imposition of a levy for employers who choose to be registered 16. Cancellation of registration of employers 17. Re-registration of employer 18. Benefits for the levy payable but not paid according to the time of 19. Exemption from levy of 0. Eligibility requirements 1. duty of employer to provide and store information part iV human resources development fund. The establishment of the Fund. The Corporation became a trustee of the Fund 4. get levi and loans 5. do not use Fund 6. Investment Panel 7. power to invest part V enforcement and investigation 8. Authorized officers 9. The functions of Officer 0. Delegation of authority 1. Public servants. Submission of authorisation cards. the power of authorized officers to request information and assessing levi 4. the authority to examine people 5. admissibility of statement 6. the power to search and seize 7. List of things seized 8. search restrictions, etc.
9. Compounding of offences Pembangunan Sumber Manusia Berhad 5 part Vi offences and penalties section 40. Declaration is not correct, the failure to provide statements, etc.
41. The penalties for attempts to obtain or earn money or benefits by a statement or document that is false or misleading 4. Repayment of 4. General penalty 44. offences by body corporate or other body 45. liabilities of the Association and several directors, etc.
46. An initial prosecution 47. Order that the register or pay levi part Vii General provisions 48. Regulations 49. the power to amend the first schedule 50. power of Minister to give directions 51. confidentiality 5. information from any public authority or statutory body part Viii provisions Repeal and transitional 5. Abolition of the 54. survivorship law, etc.
55. The transfer of the powers, rights, liabilities and duties of 56. The transfer of the property 57. existing contracts 58. survivorship liability 59. survivorship civil and criminal proceedings 60. Transfer Fund 61. Officers and servants of the Council 6 laws of Malaysia Act 612 6. The transfer of the registration of employer 6. avoid the anomalies first schedule second schedule of the third schedule Section Pembangunan Sumber Manusia Berhad 7 laws of Malaysia Act 612 Act peMbangUnan sUMber ManUsia berhad 2001 an act to provide for the imposition and collection of levies on human resource development for the purpose of promotion of employee training, the establishment and administration of the Fund by the Corporation and for matters connected therewith.
[16 May 2001, P.U. (B) 127/2001] enacted by the Parliament of malaysia as follows: part i preliminary short title, application and commencement 1. (1) this Act may be cited as the Act Pembangunan Sumber manusia berhad 001.
() this Act shall apply to employer's class in the industry specified in part i of the first schedule.
() this Act come into force on such date as the Minister may, by notification in the Gazette.
interpretation 2. In this Act, unless the context otherwise requires — "apprenticeship contract" means a written contract made by someone with an employer undertakes to employ the person and train or cause them to be trained systematically for a particular job for a 8 laws of Malaysia Act 612 specific period approved by the Chief Executive in the course of training the apprentice is bound to work in the service of the employer;
"service contract" means any agreement, whether oral or in writing and whether express or implied, that through it a person agrees to employ another person as an employee and someone else consented to serve with his employer as an employee, and includes an apprenticeship contract;
"Fund" means the human resources development fund established under section;
"Board" means the Board of Directors of the Corporation;
"levy" means a human resource development levy imposed under section 14 or 15;
"employer" means any person who has made a contract of service to employ any other person as an employee, and includes an agent, Manager or representative of the business for the person who first mentioned;
"Minister" means the Minister charged with the responsibility for human resources;
"authorized officer" means an officer authorised under section 8;
"Officer" means an Officer appointed by the Minister under section 8;
"employee" means any Malaysian citizen employed by getting wages under a contract of service with an employer, but shall not include any person paycheck household;
"training provider" means any body corporate or other body of persons involved in the training or human resource development;
Pembangunan Sumber Manusia Berhad 9 "Corporation" means the Pembangunan Sumber manusia berhad mentioned in section;
"employers ' Association" means any employers ' Association which was established with the aim to safeguard the interest of employers and that of its members or any of its members registered with the Corporation;
"due date" means the date specified by the Minister under subsection 1 ();
"wages" means the basic salary and allowances fixed or other similar kind other emoluments paid in cash by or on behalf of an employer to an employee, and includes any paid annual leave and outstanding wages but does not include — (a) any contributions paid by an employer on behalf of his own to any pension fund, Provident Fund, pension scheme, separation scheme , termination, relief or pembersaraan employee savings scheme, or any other scheme or fund established for the benefit or welfare of employees;
(b) any travelling allowance or the value of any travel concession;
(c) any sum of money payable to the employee to cover the special expenses he needs due to the type of occupation;
(d) any compensation payable for dismissal or retirement;
(e) any bonus or Commission; or (f) any allowance paid to an apprentice under the apprenticeship contract;
"monthly wages" means wages paid by an employer to an employee for the whole or part of a month the employee is employed by that employer.
10 laws of Malaysia Act 612 part ii Corporations the main objective of the Corporation 3. the main objective of the Corporation that is incorporated under the companies Act 1965 [Act 125] with the name "Pembangunan Sumber manusia berhad" is the imposition and collection of levies on human resource development for the purpose of promotion of employee training, and the establishment and administration of the Fund.
The functions of the Corporation 4. The functions of the Corporation is — (a) evaluating and determining the type and extent of training and retraining of workers in accordance with the needs of human resources for industry;
(b) promote and enhance manpower training; and (c) determine the terms and conditions with which any financial aid or other benefits will be provided.
powers of the Corporation 5. without prejudice to the powers of the Corporation as specified in the memorandum and articles of his Association, the Corporation shall have power to do all things expedient or necessary for, or incidental to, the exercise of its functions, and in particular, but without prejudice to the generality of the provisions aforesaid — (a) collect and obtain or cause to be collected and retrieved all the money due to the Fund;
(b) grant guidelines for the processing of an application to the Fund for financial assistance;
(c) determine the terms and conditions for the making of grants or loans from the Fund, including human resource development Berhad 11 recoverable amount approved in respect of each application;
(d) determine the rates of money out of the Fund that may be used for granting or for loans, including rate can be given in the form of grants or as loans in respect of each approved application;
(e) manage, create, enhance and maintain, or assist in the management, creation, improvement and maintenance of training facilities;

(f) manage and supervise, or assist in the management and supervision, implementation of courses, projects and training programmes;
(g) inspect any records, accounts and any other documents relating to the grant, loan or any other benefits granted under this Act to any employer to ensure grant, loan or other benefit that is used for the purpose it was provided;
(h) obtain any information from the employer to make sure whether they are required to register under this Act;
(i) employ and pay agents, advocates and solicitors, bankers, stock brokers or any other person to carry out any business or do any act which are required to be carried out or done in the execution of its powers or the carrying out of its obligations or to implement more effectively the purposes of this Act;
(j) provide loans or make advances to officers and pekhidmatnya out of the Fund for such purposes as may be approved by the Minister and on such terms and conditions as determined by the Corporation;
(k) provide loans or make the granting of the Fund upon such terms and conditions as determined by the Corporation to any provider 1 laws of Malaysia Act 612 training which in the opinion of the Corporation to contribute towards the development of human resources;
(l) provide loans or make the granting of the Fund upon such terms and conditions as determined by the Corporation to any employers ' Association to be used for human resource development activities;
(m) prescribing the procedure to be followed in matters relating to finance and accounts of the Fund; and (n) do any other things expedient or necessary for the efficient management and administration of the Corporation and the Fund.
budget 6. The Corporation shall, in every calendar year, draw up a budget that shows the estimated income and expenses which the Corporation proposes to menanggungnya during the year and shall submit a copy of the budget for the approval of the Minister before the date specified by the Minister and the budget shall contain provisions which in the opinion of the Corporation sufficient to settle the liabilities incurred by the Corporation and to maintain the balance of the money work.
of the Board 7. (1) the Board of Directors of the Corporation, who shall be responsible for the policies and General Administration of the Affairs of the Corporation and the Fund, shall consist of the following members, notwithstanding the provisions of section 18 of the companies Act, 1965, shall be appointed by the Minister: (a) ten persons representing employers;
(b) three members representing government agencies and the public sector responsible for development or training of manpower;
(c) a representative of the Ministry of human resources;
Pembangunan Sumber Manusia Berhad 1 (d) a representative of the Ministry of finance; and (e) the Chief Executive.
() the Minister may, in addition to those referred to in subsection (1), appoint two others which in the opinion of the Minister be able to contribute to the work of the Corporation, to be a member of the Board.
() the Minister shall appoint from among the persons referred to in subsection (1) a Chairman and a Deputy Chairman of the Corporation.
(4) the person appointed to be the Chairman shall be a member appointed under paragraph (1) (a).
(5) the provisions of the Second Schedule shall apply to members of the Board.
alternate member 8. (1) the Minister may, in respect of each Member of the Board other than the Chairman, Deputy Chairman, Chief Executive and staff appointed under subsection 7 (), appoint any person to be an alternate member to attend in lieu of the Member at Board meetings could not be attended by the Member for any reason.
() when attending a meeting of the Board in lieu of a member, an alternate member shall for all purposes be deemed to be a member of the Board.
() An alternate member shall cease to be an alternate member when the Member in respect of which he became an alternate member cease to be a member of the Board.
The Committee 9. In addition to the provisions contained in the memorandum and articles of Association, the Board may establish committees consisting of members of the Board or person who is not a member of the Board or a combination of both common to advise or assist the Board on matters relating to its functions as he considers 14 laws of Malaysia Act 612 fit, and the Board may delegate, subject to such conditions or restrictions as he may , any of its functions as he may deem fit to any of the Committee.
p e m a k a i a n M e m o r a n d u m d a n t s a r t i k e l p e r s a t u a n Corporation 10. (1) any matter not provided for in this Act shall be determined and regulated by the memorandum and articles of Association of the Corporation.
() if there is any conflict or inconsistency between the provisions of this Act with the provisions of the memorandum and articles of Association of the Corporation, the provisions of this Act shall supersede the provisions of the memorandum and articles of the Association.
disclosure of interest 11. (1) a member of the Board or any Committee established by the Board have any interest directly or indirectly in respect of any matters discussed by the Board or Committee shall disclose to the Board or Committee of the existence of the significance and nature of the interest.
() A disclosure under subsection (1) shall be recorded in the minutes of the Board or Committee.
() when the disclosure under subsection (1) is made, the Member — (a) cannot take part or are present in any discussion or decision of the Board or Committee; and (b) shall not be taken into account for the purpose of forming a quorum of the Board or Committee, in connection with the matter.
(4) a member of the Board or of a Committee who contravenes subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit Pembangunan Sumber Manusia Berhad 15 or to imprisonment for a term not exceeding six months or to both.
(5) no act or proceeding of the Board or a Committee may ditidaksahkan on the ground that any member of the Board or Committee has violated provisions of this section.
account 12. (1) the Corporation shall cause to be the statement of account audited by an approved company auditor appointed by it and shall, as soon as reasonably practicable, send a copy of the audited statement of accounts together with a copy of the Auditors ' report about it to the Minister.
() In this section "approved company auditors" have the same meaning as in section 4 of the companies Act 1965.
Part iii registration and human resource development levies the duty of employers to register with the Corporation 13. (1) every employer to whom the Act is required to register with the Corporation within such time and in such manner as may be prescribed.
() any employer who contravenes subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.
() if any person ceases to be an employer under this Act, he shall within thirty days from the time he halted such, telling of the Corporation in such manner as may be prescribed.
16 laws of Malaysia Act 612 (4) any person who contravenes subsection () commits an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both.
(5) the Corporation shall maintain a register of all employers registered under this Act, together with a record (including printing computer) any payments made.
* imposition of levy 14. (1) subject to section 19, there shall be payable by every employer to whom this Act applies a levy on human resource development in respect of each of its employees at the rate of one per cent of the monthly wage of the employees.
() the Minister may, from time to time, by order published in the Gazette, reduce or increase the rate of levy set out in subsection (1).
() any employer who fails to pay any levy payable under subsection (1) in the specified period commits an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding two years or to both.
(4) a prosecution for an offence under subsection () it shall not affect the right of the Corporation to obtain the amount of any levy payable under this Act by the employer.
imposition of levies for Maj. Gen. fish memil ih to registered 15. (1) Notwithstanding subsection 14 (1), an employer in the class specified in part ii of the first schedule may choose to be registered with the Corporation, and the registration shall be in such manner as may be prescribed.
* NOTE – every employer shall pay the levy on human resource development as may be prescribed under subsection 14 (1) of the Act at a rate of 0.5 percent of each employees ' monthly wages for a period of one year with effect from november 1 001 to 1 October 00 — see P.u. (a) 4/001.

Pembangunan Sumber Manusia Berhad 17 () when registered under subsection (1), there shall be paid by that employer a levy on human resource development in respect of each of its employees at a rate of 0.5 per cent of the monthly wages for that employee.
() In the event of any default in payment of any levy payable under subsection (1), the provisions of subsection 14 () and (4) shall apply.
(4) if the number of workers an employer referred to in subsection (1) increased to more than the maximum number of class as specified in part ii of the first schedule, the rate of levy shall be 1% of the monthly wages of each employee.
(5) if the number of workers an employer referred to in subsection (4) be less than the maximum number of class as specified in part ii of the first schedule, the rate of levy shall remain at one per cent of the monthly wages of each employee to the end of the current year.
(6) if the number of workers an employer referred to in subsection (5) remained below the maximum number for class as specified in part ii of the first schedule after the year, the rate of levy shall be 0.5 per cent of the monthly wages of each employee.
(7) if the number of workers an employer referred to in subsection (6) increased to more than the maximum number of class as specified in part ii of the first schedule, the rate of levy should be immediately up to 1% of the monthly wages of each employee.
(8) the Minister may, from time to time, by order published in the Gazette, reduce or increase the rate of levy set out in this section.
cancellation of registration of employers 16. (1) No employer who has been registered with the Corporation can be de-registered.
() Notwithstanding subsection (1), if the number of employees of an employer to whom this Act applies be 18 laws of Malaysia Act 612 of ten people for three months in a row, that employer may submit an application to the Corporation for cancellation of registration, along with any relevant documents as proof of the keberkurangan.
Re-registration of employer 17. (1) an employer whose registration has been cancelled by the Corporation under subsection 16 () and registered again within two years from the date of cancellation of the registration shall continue to be entitled to receive any financial aid or other benefits entitled by the employer prior to the cancellation of its registration.
() If an employer has cancelled its registration under subsection (1), and were not enrolled again within two years from the date of cancellation of registration, that employer shall be disqualified to receive any financial aid or other benefits entitled by the employer prior to the cancellation of its registration.
Benefits for the levy payable but not paid by the time 18. (1) an employer who fails to pay any levy due within such period as may be prescribed, shall be liable to pay interest for the levy at the rate of ten per cent per annum in respect of each day occur in default or delay in the payment.
() if the amount of interest calculated in accordance with subsection (1) is less than five dollars, interest payable is five dollars in respect of each month or part of a month occurred in default or delay in the payment.
() if the amount of interest calculated in accordance with subsection (1) more than five dollars, interest payable shall be calculated up to the highest dollars that is closest in respect of each month or part of month occurs in default or delay in the payment.
Pembangunan Sumber Manusia Berhad 19 (4) the Board may, in any case as he thinks fit, cancel in whole or part payment of any interest payable under this section.
exemption from levy 19. the Minister may, from time to time, by order published in the Gazette, exempt in whole or in part any employer or class of employers of the levy in such circumstances and subject to such conditions as may be specified in the order.
qualifying conditions 20. (1) subject to section 19, any employer who has registered and paid the levy shall be eligible to receive any financial aid or other benefits granted under this Act for the purpose of promotion of training employees.
() subject to section 19, any subsidiary of employers registered to be registered under this Act but have not started the exercise of its business shall be entitled to receive any financial aid or other benefits granted under this Act for the purpose of promotion of training employees.
() if the employer ceases to be the employer under this Act, the employer is not entitled to receive any financial aid or other benefits provided under this Act.
(4) where an employer has acquired the interest of an employer other registered under subsection 1 (1) or 15 (1), the employer who first mentioned shall replace all other employer and is entitled to receive or to continue to receive any financial aid or other benefits provided under this Act, as the case may be, in respect of the employee of the employer who stake has been acquired.
0 the laws of Malaysia Act 612 (5) any employer who is receiving, or eligible to receive, any financial aid or other benefits granted under this Act shall lose his entitlement to receive financial aid or other benefits if he or she defaults any payment of levy and the disqualification shall continue until all outstanding payments and interest on the fee has been paid in full.
(6) Notwithstanding subsection (5), the Chief Executive shall have the authority to provide financial aid or other benefits in respect of any claim made by any training provider for any training carried out by the training provider for the employer referred to in subsection (5) if the amount has not been paid is in respect of interest on the levy only.
(7) any training providers are eligible to receive any financial aid or other benefits granted under this Act for the purpose of promotion of human resource development on such terms and conditions as may be determined by the Corporation.
(8) any employers ' Association which in the opinion of the Corporation can contribute towards the development of human resources, its members are eligible to receive any financial aid or other benefits granted under this Act for the purpose of promotion of human resource development on such terms and conditions as may be determined by the Corporation.
duty of employer to provide and store information 21. In addition to required so that prepared and stored by an employer under the Employment Act 1955 [Act 265], every employer shall keep the documents containing any information about the employees and wages, and such documents shall be kept for a period so that every item is recorded in the document is available for inspection for a period of six years after the recording.
Pembangunan Sumber Manusia Berhad 1 part iV human resources development fund establishment of Fund 22. (1) for the purposes of this Act, there shall be established a human resources development fund, which is to be paid into it – (a) all money collected as levies under section 14 and 15;
(b) all money that can be obtained from loans and grants provided under this Act;
(c) all moneys derived or arising from any such property, investments, charges, levies or interest on debentures acquired by or vested in the Corporation;
(d) any gifts, donations, contributions or any other amount of money received by the Corporation from any source; and (e) all other money obtained legally by the Corporation under this Act.
() the Fund shall be expended for the purpose of – (a) the promotion, development and improvement of employees ' skills, including the preparation, establishment, expansion, improvement or maintenance training facilities;
(b) the granting of financial assistance to employers in the form of grants, loans or otherwise for the purposes referred to in paragraph (a), including any payment or pensubsidian costs incurred by any employer in training or retrain its employees;
(c) conduct, subject to such terms and conditions as may be approved by the Minister, activity or project to train or retrain those who have or will be retrenched;
(d) the payment of any expenses properly incurred by the Corporation including any fees and costs, remuneration of officers and servants employed laws of Malaysia Act 612 by the Corporation, and allowances payable to any member of the Board or the investment Panel or any Committee established under this Act;
(e) the granting of financial assistance in the form of a loan or grant to any training providers or employers ' Association as specified respectively under subsection 0 (7) and (8); and (f) generally, the payment of any expenses for the implementation of the provisions of this Act and relating to the administration of the Fund.

the Corporation became a trustee of the Fund 23. The Corporation shall be the trustee of the Fund.
Get levi and loans 24. any levy due or loans granted under this Act, together with any interest on the levy or the loan, shall be a debt due to and can be obtained by the Corporation.
do not use Fund 25. If an employer does not make any claims against the Fund in any period as determined by the Board from the date of its registration with the Corporation or from the date the financial aid or other benefits on rendered by the Corporation, the employer shall lose his entitlement to receive any financial aid or other benefits that are not claimed for the period.
investment Panel 26. (1) in addition to the provisions contained in the memorandum and articles of Association of the Corporation, there shall be established an investment Panel which shall, Pembangunan Sumber Manusia Berhad are subject to such directions as may be issued by a corporation, is responsible for matters relating to the investment of the Fund.
() The investment Panel shall consist of — (a) the Chairman of the Board or the person who is undertaking the functions of Chairman of the Board, as Chairman;
(b) two members appointed by the Board from amongst its members;
(c) the Chief Executive;
(d) a representative of the Ministry of finance;
(e) a representative of the central bank; and (f) two other people with experience of business and financial director appointed by the Minister.
() A person appointed under paragraph () (f) shall serve for a period of two years from the date of his appointment.
(4) the provisions of the third Schedule shall apply to members of the investment Panel.
power to invest 27. (1) in addition to the provisions contained in the memorandum and articles of Association of the Corporation, the investment Panel may, from time to time, invest the Fund or any part of the Fund is not a money required immediately to meet the obligations and expenses Fund — (a) the investment or securities allowed for investment trust fund under any written law for the time being in force;
(b) in shares and debentures in any public companies that price for shares and debentures is mentioned on the relevant stock exchange established in malaysia; or (c) in any investment or other security as may be decided by the investment Panel.
4 laws of Malaysia Act 612 () any investments made under this Act may be modified, changed or realised from time to time.
() the Minister may, at any time, direct the revocation in part or in whole, or prohibit investment in any security or class of securities.
(4) the investment Panel shall report on the status of its investment to the Board when the Board asks the Panel to do so.
(5) for the purposes of this section – "debentures" includes stocks, bonds, notes or any other securities or obligations of the company, whether constituting a charge on the assets of the company or not, and also include the right to apply for the purchase of any debentures;
"share" means the share paid up (whether fully paid or not paid in full) in the share capital of the company and including shares and the right to apply for the purchase of any stock or share.
Part V Enforcement and investigations authorized officers 28. (1) for the purposes of this part, the Minister may appoint any public office any number of officers, which is known as the authorized officers, as he may deem necessary.
() the Minister shall appoint an officer known as the Officer from amongst the authorized officers appointed under subsection (1).
The functions of officer 29. Functions of the Officer is — (a) directing, controlling and supervising of authorized officers;
Pembangunan Sumber Manusia Berhad 5 (b) to ensure that the Corporation carry out its work in accordance with the provisions of this Act;
(c) receive and consider any complaints about the Commission of an offence under this Act and investigate any such complaint as he considers practicable; and (d) detect and investigate — (i) any suspected offences under this Act;
(ii) any suspected attempts to commit any offence under this Act; or (iii) any suspected conspiracy to commit any offence under this Act.
delegation authority 30. (1) the Officer may in writing delegate any of its functions under this part, subject to such conditions, limitations or restrictions as it thinks fit, to any authorized officer except its functions under paragraph 9 (b), and authorized officers to whom such functions delegated can perform such functions in the same manner and with the same effect as if such functions have been delegated to officers authorized under this section.
() A delegation made under this section shall not prevent its own Guardian Officer from performing or exercising at any time any of the functions that have been delegated such.
public servants 31. All authorized officers acting under this part shall be deemed to be public servants within the meaning of the Penal Code [Act 574].
production of 32 power card. An officer is empowered when acting under this part shall declare his Office and 6 laws of Malaysia Act 612 submit to the person against whom he is acting or from whom he requires any information any card power directed by the Minister in order to be carried by the officer.
the power of authorized officers to request information and assessing levi 33. (1) for the purpose of obtaining full information to ensure whether any employer is required to register or to pay levies under this Act, an officer have the authority may by notice in writing require any person — (a) give an authorized officer within the time specified in the notice, which shall not be less than thirty days from the date of the notice, any information or particulars as may be specified in the notice; and (b) appear personally in front of authorized officers and submit to inspection all books, accounts, records and other documents deemed necessary by the authorised officer.
() any person who contravenes subsection (1) commits an offence.
() An officer authorized can assess any levy payable by any employer based on the information available if that employer — (a) does not store or maintain any statement, details, register or any records pertaining to each employee as required under this Act; or (b) not or refuse to produce any statement, details, register or any records pertaining to each employee as required under this Act.
(4) the assessment made under subsection () shall be sufficient evidence for the claims of the Corporation to obtain any levy under section 4.
Pembangunan Sumber Manusia Berhad 7 authority to examine people 34. (1) authorized officers making an investigation under this Act may examine orally any person who expected to find out the facts and circumstances of the case and shall change into writing any statement made by the person examined.
() the person referred to in subsection (1) shall be bound to answer all questions relating to the case submitted to it by the authorized officer.
() the person referred to in subsection (1) may refuse to answer any question if the answer to any question that is likely to expose him to a criminal charge or penalty or forfeiture.
(4) a person making a statement under this section shall be legally bound to state the truth, whether or not the statement was made in whole or in part as an answer to the question.
(5) authorized officers that examine a person under subsection (1) shall first inform that person of the provisions of subsection (), () and (4).
(6) a statement made by a person under this section shall, whenever possible, reduced to writing and signed by the person who made it or marked with cap head jarinya, as the case may be, after the statement was read out to him in a language he made the statement after he was given the opportunity to make any corrections he wanted.
admissibility of statements 35. (1) where a person is charged with an offence under this Act, any statement, whether the statement becomes a confessions or not or whether it's in the form of oral or written, made at any time, whether before or after the person charged with and whether or not in the course of an investigation under this Act or not, and whether or not wholly or partly in response to the 8 laws of Malaysia Act 612

question, by that person to or in the hearing of an officer authorized and whether or not translated to him by any authorized officer or any other person whether or not in that case, shall be admissible as evidence at his trial and, if the person submitting himself as a witness, any such statement can be used in the examination of balasnya and for the purpose of challenging credibility.
() A statement referred to in subsection (1) shall not be received or used in cross-examination or for the purpose of challenging the credibility of the person making the statement — (a) if it appears to the Court that the making of the statement has been caused by any inducement, threat or promise that has to do with the charge against the person that comes from people who have power and sufficient in the opinion of the Court to give the person charged with the reasons stated to him reasonable expect that by making the statement he will have any advantage or avoid any worldly disadvantages connected with proceedings against him that; or (b) in the case of a statement made by that person after arrest, unless the Court is satisfied that he has been warned in the following words or words to that effect: "it is my duty to give warning to you that you are not obliged to say anything whatsoever or to answer any question, but anything you say , whether as an answer to a question or not, may be given in evidence ".
() Notwithstanding subsection (), statement made by any person before there is time to give him a warning shall not be admissible in evidence solely because he had not been warned if he has been warned as soon as possible.
Pembangunan Sumber Manusia Berhad 9 (4) any person charged with an offence to which subsection (1) applies shall not be bound to answer any question in connection with the case after the warning referred to in subsection () was granted to him.
the power to search and seize 36. (1) an authorized officer may, for the purpose of carrying out the goals of this Act or any regulations made under this Act, at any reasonable time enter, investigate and examine any place of work.
() whenever it appears on someone magistrate based on information, and after such inquiry as he thinks necessary, that there is reasonable cause to believe that in any place there is evidence as to the Commission of an offence under this Act, the magistrate may by warrant direct any authorized officers to enter the place, by force if necessary, and search, seize and detain any such evidence.
() The authorized Officer shall, when the need to do so — (a) break open any door or in a workplace and get into that place;
(b) in with force into the place and every part of that place;
(c) remove by force any barriers to entry, search, seizure or the transfer as he is empowered to carry it out;
(d) detain any person found in that place until the completion of the searched place; or (e) seize any book, account, record or other document which contains information about the Commission of an offence under this Act or any matter in relation to the offence.
(4) whenever available by any authorized officers that there is reasonable cause to believe that in any place there is a hidden or stored any books, 0 laws of Malaysia Act 612 account or other document contains information about the suspected Commission of an offence under this Act or any other thing in relation to the offence and the officer has reason to believe that by reason of delay to get a search warrant books , accounts or other documents that are likely to be moved, the authorized officers can run in and with respect to that place all the powers referred to in subsection (1) as if he had been authorised to do so by a warrant issued under subsection ().
(5) Notwithstanding subsection (1), () or (4), authorized officers shall obtain the written consent of the Minister before entering, investigate and examine any place of work under this section.
list of things seized 37. (1) authorized officers who seize any book, account, document or other thing under this Act shall prepare a list of the books, accounts, documents or other things seized and promptly deliver a copy of the list by him to the employer or agent or pekhidmatnya who were present at the place of the seizure.
() The list referred to in subsection (1) shall not be counted as a statement, declaration or confessions made by the employer or agent or pekhidmatnya in the course of the investigation but should be admissible as evidence.
search restrictions, etc.
38. any person who — (a) invade, prevent, menggalang or melengah-delay any officer authorised the making of the entry entitled by them under this Act, or in the execution of any duty imposed or power conferred by this Act; or human resource development Berhad 1 (b) fails to comply with any legitimate request made by an authorized officer in the execution of its duties under section 6, commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.
Compounding of offences 39. (1) the Officer may, with the written consent of the public prosecutor, mengkompaunkan any offence, other than under section 40 or 41, committed by any person under this Act or any 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 Officer a the amount of money not exceeding fifty per cent of the amount of the maximum fine for the offence within the time stated in the offer.
() An offer under subsection (1) may be made at any time after the offence, but before any prosecution had been initiated, 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 Guardian, a prosecution for the offence may be commenced at any time after that to the person to whom the offer is made.
() If an offence has is compounded under subsection (1), no prosecution shall be instituted in respect of the offence against a person to whom an offer to compound is made and any thing seized in connection with the offence be released or dilucuthakkan by Officer subject to such terms and conditions as he thinks fit.
(4) All sums received by the Officer under this section shall be paid into and form part of the Federal Consolidated Fund.
Laws of Malaysia Act 612 part Vi offences and penalties Declaration is not correct, the failure to provide statements, etc.
40. (1) any person who — (a) made in writing, or signing any declaration, statement or other document required by this Act or any regulations made under this Act which is untrue or incorrect in any details; or (b) does not or refuses to provide or produce any declaration, statement or other document required by this Act or any regulations made under this Act so that the given or presented, commits an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding two years or to both.
() if any person is found guilty of an offence under this section, the Court shall order the person to provide or produce any declaration, statement or other document required under this Act or any regulations made under this Act so that the given or presented.
the penalties for attempts to obtain or earn money or benefits by a statement or document that is false or misleading 41. any person who — (a) try to acquire any financial aid or other benefits provided under this Act through the statement or document that is false or misleading; or (b) acquire any financial aid or other benefits provided under this Act through the statement or document that is false or misleading, Pembangunan Sumber Manusia Berhad commits an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding two years or to both.
repayment of

42. If a person is convicted of an offence under section 41, the Court may, in addition to the imposition of a penalty under that section, order the person to make the repayment of the amount of money or the value of the interest acquired wrongfully then together with interest at the rate of ten per cent per annum in respect of each day from the day he received financial aid or other benefits.
General penalty 43. any person who contravenes any provision of this Act or any regulations made under this Act for which no penalty expressly provided shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding six months or to both.
offences by body corporate or other body 44. If an offence under this Act or any regulations made under this Act has been committed by a body corporate or other body of persons — (a) any person who at the time of the Commission of the offence was a Director, Manager, Secretary or other similar officer of the body corporate or partner in other people or groups thereof; or (b) the form of and act upon such property, shall, together with the corporate body or other group of persons deemed to have committed such offence unless he proves that it was committed without his knowledge or pembiarannya or that he took all reasonable precautions or that he took all due diligence to avoid the offence occurred.
4 laws of Malaysia Act you jointly and severally 612 liabilities for directors, etc.
45. If any levy is still not paid by an employer who is a body corporate or other body of persons, a Director of the body corporate or other group of persons that includes a person who was the Director of the body corporate or other body of persons within the levy payable, or in the case of a firm, partner of the firm, including any person who was a partner of the firm in the next levy payable , as the case may be, shall, together with the corporate body or the firm you jointly and severally liable for the levy due and payable to the Corporation.
an initial prosecution 46. No prosecution in respect of an offence under this Act shall be instituted except by or with the written consent of the public prosecutor.
order that the register or pay levi 47. (1) If an employer is found guilty of an offence under subsection 1 (), the Court shall order that employer so that register with the Corporation as provided under subsection 1 (1) and order the employer to pay the amount of the levy due, together with any interest for him, owing and payable to the Corporation.
() If an employer is found guilty of an offence under subsection 14 (), the Court shall order the employer to pay levies, together with interest thereof, due and payable to the Corporation.
Part Vii General provisions regulations 48. (1) the Minister may make such regulations as expedient or necessary for carrying out the provisions of this act better.
Pembangunan Sumber Manusia Berhad 5 () without prejudice to the generality of subsection (1), regulations may be made to specify — (a) the registration of an employer for the purposes of this Act;
(b) p e r k a r r a-p e r k a r r a y a n g b e r h u b u n g a n d I n g a n enforcement;
(c) the imposition and collection of levies;
(d) offences that can be is compounded and procedure for mengkompaunkan the offence; or (e) any other matter that is expedient or necessary for the purposes of this Act.
the power to amend the first schedule 49. the Minister may, from time to time, by order published in the Gazette, add, cancel, alter or amend the first schedule.
power of Minister to give directions 50. The Corporation shall report to the Minister, and the Minister may give instructions in accordance with the provisions of this Act to the Corporation and the Corporation shall, as soon as possible, implement all such instructions.
confidentiality 51. (1) except for any of the purposes of this Act or for the purpose of any civil or criminal proceedings under this Act, no Member, officer, servants or agents of the Corporation or authorized officers can disclose any information which has been diperolehnya in the course of its duties under this Act.
() any person who contravenes subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both.
6 laws of Malaysia Act 612 information from any public authority or statutory bodies 52. The Corporation may request information from any public authority or Government agency with respect to any employer who has been registered under this Act or to be registered under this Act.
Part Viii Repeal Provisions And Transitional Repeal Of 53. On the appointed date — (a) the human resources development Act 199 [Act 491] (in this section referred to as "the repealed Act") is repealed; and (b) the human resources development Council (in this section referred to as "the Council"), which is a body corporate established under the repealed Act, shall cease to exist.
survivorship law, etc.
54. (1) subject to the provisions of this Act, all written laws, orders, rules and regulations affecting or for protection Council and in force immediately before the appointed date shall, until amended or revoked under this Act, continue in force on and after a specified date and interpreted as if this Act was not approved; and any mention in it of the Council shall, unless the context otherwise requires, be construed as a reference to the Corporation, and expressions that contain such a reference shall be construed accordingly.
() All orders, directions, appointments, notifications and regulations made under the repealed Act and in force immediately before the appointed date shall, as far as orders, directions, appointments, notifications and Pembangunan Sumber Manusia Berhad 7 the rule in accordance with the provisions of this Act, be deemed to have been made under this Act, and shall remain in force until the orders, directions, appointments, notifications and the rule replaced , amended or cancelled under this Act.
the transfer of the powers, rights, liabilities and duties of 55. subject to the provisions of this Act, all the powers, rights, privileges, duties, liability or obligation which immediately before the appointed date was powers, rights, privileges, duties, liability or obligation of the Council shall be from the date it is down to the Corporation.
the transfer of the assets of the 56. subject to the provisions of this Act, all property, movable or immovable, which is vested in the Council immediately before the appointed date shall on that day, vested in the Corporation without any conveyancing, assignment or transfer of title.
existing contracts 57. subject to the provisions of this Act, all deeds, bonds, agreement, instrument and work arrangements that existed immediately before the appointed date and touch any property transferred under section 56 shall have full force and effect against or in favour of the Corporation and shall be fully and effectively "colonised"-by the Corporation, rather than the Council or any person acting on behalf of the Council , has been named in it or has become a party to it.
survivorship liability 58. any employer who fails to register under the repealed Act can be prosecuted and the Corporation shall have the right to get any amount of levy due to the Council under the repealed Act.
8 laws of Malaysia Act 612 survivorship civil and criminal proceedings is 59. (1) subject to the provisions of this Act, be repealed Act or repeal anything contained in this Act shall not affect the liability of any person prosecuted or sentenced for offences committed under the repealed Act before a specified date, or any proceeding brought or penalties incurred before that date in respect of the offence.
() subject to the provisions of this Act, any proceedings (whether civil or criminal) or cause of actions pending or existing immediately before the appointed date by or against the Council or any person acting on behalf of the Council may be continued or commenced by or against the Corporation as it may be continued or commenced by or against the Council or such person as if this Act was not approved.
() any appeal brought or any permission to appeal applied for on or after a specified date against a decision rendered in any legal proceedings before that date may be brought by or against the Corporation as it may be brought by or against the Council as if this Act was not approved.
transfer of Fund

60. subject to the provisions of this Act, all money or levy is in, and due to the Fund established under section 9 repealed Act shall on the appointed date transferred to the Fund.
61 Council officers and servants. (1) the Corporation shall accept into its employment at a specified date every person who immediately before that date was an officer or servants of the Council and who have been given a choice by the Council and have made the choice to serve as an employee of the Corporation.
Pembangunan Sumber Manusia Berhad 9 () every person who chooses to serve as employees of the Corporation shall be employed by the Corporation on the terms and conditions of service no less favourably than the terms and conditions of service to which he is entitled to immediately before the appointed date.
the transfer of the registration of employer 62. every employer who is registered under the provisions of the repealed Act or any regulations made under the repealed Act shall be deemed to have been duly registered under this Act.
Avoid anomalies 63. (1) where any difficulty arises in respect of the transitional provisions provided for in this part, the Minister may, by order, make such modifications in the provisions as it considers necessary in order to overcome or avoid any difficulty.
() the Minister cannot exercise of the powers conferred by subsection (1) after the expiration of two years from the date specified.
() In this section "modification" includes amendment, addition, deletion, replacement, adjustment, alteration, variation and disapplication of any provision of this section.
40 laws of Malaysia Act 612 first schedule [Subsection 1 () and 15 (1)] part i Industrial Employer Class a. manufacturing sector (1) employer P e n g i l a n g a n i a t u r e i m b u a t I o n s a t u r e 5 m p r o c e s s e s a n u a t u b a r r a n g e d n g a n forty workers using labour or machinery or second-more common, including changing part or c o m p o n e n k e p a d a b a r r a n g l a i n y a n g have different features or properties, through alteration, blending, or ornamentation, fixation or housekeeping or otherwise adjust any article or substance so that it can be used , sold, transported, delivered or disposed of, including the construction or Assembly of parts of the ship.
() the employer who has ten workers or more but less than fifty workers and has a paid-up capital of two million five hundred thousand dollars (rm, 500000) and above b. services sector (1) employer (i) Hotel, which is the preparation with the paid fees, has the property, in the hotel, houses ten person accommodation, pensions, employee home rentals, chalets, resorts or similar places or more in the other Open, either to the public or restricted to anggo ta sesua tu o rgan i sas i certain;
(ii) air transportation, namely the provision of transport by air, with the paid fee or based on a contract, for passengers or transport either by ordinary service or carter Pembangunan Sumber Manusia Berhad 41 private, including refurbishment, repair, maintenance and cleaning of aircraft;
(iii) the tour operating business, namely any business manage or operate only domestic tourism or business travel agency for sale or Commission;
(iv) telecommunications, namely provision of a system for the carriage, using electricity, magnets, electro-magnetic, electro-chemical or electro-mechanical energy to — (a) speech, music and other sounds; (b) Visual images; (C) the signal is delivered (either between people with people, things with things or people with things) of any matter other than in the form of sounds or Visual images; or (D) i s y a r a t y a n g i n g u n a k a n b a g i move or control of machinery or apparatus;
(v) the delivery of transport, that is, any arrangement of transport by air, sea or land from the original to the base load/loading/destination base, or the preparation of a comprehensive logistics activities and includes a business agent of the sender, that is, involving activities to obtain customs clearance for transport, but excluding transport delivery by business unit for the use of their own;
(vi) shipping, i.e. the operation of vessels for transport or passenger transport abroad or sailing along the coast, including towing service at sea or in port, handling vessels for transportation through rivers, canals and inland waterways, including the ferry operated across rivers, lakes or in the port, boat service, boat excursion fare, towing tugboats on the street or waterway , and includes the overhaul, repair, maintenance and cleaning of the ship;
4 laws of Malaysia Act 612 (vii) post or courier, namely freight forwarding mail such as letters, postcards, newspapers, books, documents, brochures, sample packet, pattern or small packets, packets, packaging or any goods or other objects that can be sent by post or courier service;
(viii) advertising, namely the provision of advertising services by advertising agencies for or for customers with paid fee or based on a contract in various types of media or doing market research;
(ix) computer services, namely, software development or improvement or maintenance of software, database integration or networking, supply staff on a contract basis, facilities management, computer installation or maintenance service, or the provision of services advice or consultancy;
(x) energy, i.e. supply and provide electricity or electricity when generated, transmitted, distributed or used for any purpose except for the transmission of any communication or signal;
(xi) training, which is the business of providing training or skills specific public or by any corporate body or group of persons but does not include training by training providers the Government or Government of any State;
(xii) higher education, namely the provision of teaching or training on or teaching courses of study leading to the award of a certificate, diploma or degree after it has expired follow successfully the course of study or the provision of distance learning, but does not include higher education or distance learning provided by institus education established and managed directly by the Government or the Government of any State or provided by any university or University College established under the universities and University Colleges Act human resources development Berhad 4 1971 [Act 30] or universiti teknologi mara Act 1976 [Act 173] or Polytechnic ungku omar established under Act ungku omar Polytechnic, 1974 [Act 145];
(xiii) direct sales, i.e. sales door to door or post order sales within the meaning of the direct selling Act 199 [Act 500];
(xiv) port services, namely the undertaking of all or any work of any description relating to the management or operation of a port by any private ports, inland ports, or any company, firm or person authorised with licensed to operate such work;
(xv) support services and maintenance engineering, i.e. handling, testing or maintenance of electrical, electronic or mechanical systems or the software and equipment, including but not limited to, testing and installation of any new equipment that services provided to any company, business, factory or public authorities;
(xvi) research and development, namely, the conduct of research and development activities that include — (a) pure research or experimental work from the d i j a l a n k a n t e r u t a m a n y a u n t u k get scientific knowledge or technical new;
(b) applied research such as original research or critical undertaken to obtain scientific knowledge or new technical, or which lead to specific practical objekif; and (C) the use of scientific or technical knowledge to produce materials, devices, products or service that are new or that have been improved substantive basis to install a new system or process before beginning production or application 44 laws of Malaysia Act 612 commercial, or improve in substantive material, device, product or service developed or installed;
(xvii) warehousing Services, namely the provision of warehouse in bonds or any other place licensed for warehousing of dutiable goods which include all goods subject to payment of customs duty and the duty thereon has not been paid yet;
(xviii) (struck by P.U. (A) 452/2005) (xix) (struck by P.U. (A) 452/2005) (xx) security services, namely the provision of private security services

that includes the provision of guard and patrol, consultancy safety drinking, armoured cars or the provision of advice in relation to security of property, premises, staff, plant and equipment;
((XIX)) private hospital services, namely the provision of treatment or ward to patients in any premises other than a hospital or Government institutions and includes any private maternity home but does not include the private nursing home facilities and act within the meaning of private healthcare Service 1998 [Act 586].
() the employer with five (i) provision of hypermarkets, supermarkets ten employees and department stores, namely the sale of items or more s e p e r t i b a r r a n g-b a r r a n g r u n c i t, daily necessities, produce, meats, confectionery, beverages, domestic and toilet needs hardware, clothing men clothing women children, clothing and any other type of clothing, electrical goods, furniture or any other items for sale.
C. changes in the number of employees in the event of the number of employees of the employer under subparagraph a (l) became less than fifty workers or employers in paid-up capital under subparagraph a () is less than two million five hundred thousand dollars, the rate of levy imposed shall remain at one per cent of the monthly wages of each employee.
Pembangunan Sumber Manusia Berhad 45 part ii Class Employers Industry employers with ten P e n g i l a n g a n i a t u r e i m b u a t a n a t o r employees or more e m p r o c e s s e s a n u a t u b a r r a n g e d e n t I o n s but less than five using labour or machinery or second-fifty workers and common, including changing the part or with a paid up capital of c o m p o n e n k e p a d a b a r r a n g l a i n y a n g of less than has properties or different features, two million five hundred thousand through the variation of , blending, or ornamentation, the ringgit (rm, 500000) housekeeping or otherwise fixation or m e n y e s u a i k a n a p a-a a b a r r a n g a t o r material so that it can be used, sold, transported, delivered or disposed of, including the construction or Assembly of parts of the ship.
Second Schedule [Subsection 7 (5)] 1. subject to the provisions of this paragraph, every Member of the Board shall hold and vacate his Office in accordance with the terms of his appointment and, when cease to be a member, shall be eligible for re-election.
. (1) a member of the Board of — (a) that at three consecutive Board meetings without reasonable cause or permission in writing from the Chairman, was not present and was not represented by an alternate member, if any, appointed in respect of the Member;
(b) which has been found or declared not of unsound mind;
(c) has become bankrupt or make arrangements with the creditors of his creditors;
(d) has been convicted of an offence involving any of the laws relating to corruption, fraud, dishonesty or moral turpitude, or of an offence under this Act or any regulations made thereunder;
(e) that his resignation has been accepted by the Minister; or (f) that his appointment is revoked by the Minister, shall cease to be a member of the Board.
46 laws of Malaysia Act 612 () if any person cease to be a member of the Board by virtue of any provision of this Act, another person shall be appointed to replace it in accordance with the provisions relating to the appointment.
() The provisions of subparagraph (1), in addition to subsubperenggan (a), shall apply mutatis mutandis for an alternate member.
. subject to paragraph 4, a member of the Board shall, unless he resigns beforehand or his appointment is cancelled in advance, hold office for a term not exceeding two years as determined by the Minister at the time of his appointment and shall be eligible for re-election.
4. (1) the appointment of a member of the Board may at any time be revoked by the Minister.
() A member of the Board may at any time resign his Office by giving notice in writing addressed to the Minister.
5. (1) the Minister shall call the first meeting of the Board.
() the Board shall meet as frequently so that no more than three months elapse between meetings.
() a quorum of the Board is ten people.
(4) where on any question to be determined by the Board there is a clear division of votes equal, Chairman, Deputy Chairman or member who chaired the meeting shall have a casting vote in addition to the votes normally.
6. There shall be paid such remuneration or allowance as determined by the Minister to the Member or alternate member of the Board due to attend Board meetings.
7. the Board may invite any person to attend any meetings or discussion board for the purpose of advising it on any matter under discussion, but any person so attending shall not be entitled to vote at the meeting or deliberation.
8. no person shall board liable himself for any loss or damage caused by any act or omission in administering the Affairs of the Board or of the Corporation unless the loss or damage was caused intentionally or due to gross negligence or recklessness.
9. the Board may determine its own procedure.
Pembangunan Sumber Manusia Berhad 47 10. the seal of the Corporation shall be authenticated by the Chairman and another Member of the Board and any document purporting to be sealed with the seal of the Corporation shall be authenticated and, until the contrary is shown, be deemed to have sealed legally.
Third Schedule [Subsection 6 (4)] 1. the following persons are not eligible to be appointed as, or to become a member of the investment Panel: (a) a person who has been convicted of an offence involving fraud, dishonesty or moral turpitude;
(b) a bankrupt; or (c) a person who is not of unsound mind or otherwise unable to perform his duties.
. 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 in without the permission of the Chairman of the investment Panel; or (b) if his appointment is revoked by the Minister, in the case of a person appointed under paragraph 6 () (f).
. A member appointed by the Minister under paragraph 6 () (f) may resign as a member of the investment Panel by giving one month's notice in writing addressed to the Minister.
4. If any member of the investment Panel has any beneficial interest in any matter under consideration by the investment Panel, he shall immediately declare the nature and extent of his interest in the matter to the Chairman and the investment Panel shall decide whether or not he can take part in the Investment Panel meeting when the matter is considered, notwithstanding its interest in the matter.
5. (1) the investment Panel shall meet as and when required to do so by the Chairman of the investment Panel.
() The Chairman of the investment Panel and three other members of the investment Panel formed a quorum at any meeting of the investment Panel.
6. A member of the investment Panel may be paid such remuneration or allowance as determined by the Board, with the approval of the Minister due to attend the investment Panel.
48 laws of Malaysia Act 612 laws of Malaysia Act 612 Act peMbangUnan sUMber ManUsia berhad 2001 List Amendment law short title force amend from P.u. (a) 48/004 Order resource development 01-01-005 manusia berhad (Amendment of first schedule) 004 P.u. (a) 45/005 Order resource development 01-01-005 manusia berhad (Amendment of first schedule) 005 human resources development Berhad 49 laws of Malaysia Act 612 Act peMbangUnan sUMber ManUsia berhad 2001 a list of Section amended Section power amend with effect from the first schedule P.u. (a) 48/004 01-01-005 P.u. (a) 45/005 01-01-005

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