Skills Development Fund Act 2004

Original Language Title: Skills Development Fund Act 2004

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WM laws of MALAYSIA Act RETRIEVAL SKILLS DEVELOPMENT FUND ACT 640 2004 Contains all amendments to 1 June 2006 PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 in COLLABORATION with PERCETAKAN NASIONAL MALAYSIA BHD 2006 2 laws of Malaysia ACT 640 SKILLS DEVELOPMENT FUND ACT 2004 the date of Royal Assent......... 28 December 2004 date of publication in the Gazette of ... ... more as of 31 December 2004 the skill development fund 3 laws of MALAYSIA Act 640 SKILLS DEVELOPMENT FUND ACT 2004 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title and commencement 2. Interpretation Part II FUND 3. The Establishment Of The Fund 4. Expenses shall be charged on the Fund 5. Fund Reserves Of PART III Of The CORPORATION 6. Establishment Of The Corporation 7. Seal 8. Function Of Corporation 9. Powers Of The Corporation 10. Power to invest 11. The extra power of the Corporation 4 laws of Malaysia ACT 640 section 12. Warranty and Indemnity 13. Expenditure and preparation of estimates 14. Skills training loan provision in the estimates annual 15. Account and report PART IV BOARD 16. The Board Of Directors 17. Representatives of the successor organization or renamed 18. Deputy Chairman and Secretary 19. Alternate member 20. Allowance or refund 21. Committee 22. Representation function 23. Power of Minister to give directions 24. Disclosure of interest part V 25 OFFICERS and SERVANTS. The Chief Executive Of 26. The Appointment Of Deputy Chief Executive 27. Appointment of officers and servants of the Corporation 28. Regulations in respect of service 29. Payment of pension benefits, gratuity and allowances other 30. The prior approval of the Treasury, public service department, etc., shall be obtained 31. Appointment of agents, consultants, etc.
32. The Corporation may adopt regulations, etc.
Skills Development Fund 5 PART VI REGISTRATION of TRAINING PROVIDERS SKILLS Section 33. Skills training provider registration 34. Power to approve or reject applications for registration 35. Rejection of the application for the registration of 36. Certificate of registration 37. The power to suspend or cancel the registration of training providers skills 38. The public was told about the cancellation of the registration of training providers skills 39. The authority to impose conditions 40. Express 41. Appeal 42. Minister's power on appeal to 43. Decision of the Minister on appeal PART VII APPROVED TRAINING PROGRAMME 44. Approved training programme 45. Application for approval of training program 46. The power to suspend or cancel an approved training programme PART VIII 47 SKILLS TRAINING LOAN APPLICATION. Skills training loan application registration 48. Power to approve or reject the loan application skills training for 49. Refusal skills training loan application 50. Change of training providers or programs 6 laws of Malaysia ACT 640 Section 51. Skills training loan payments 52. Skills training loan agreements 53. Cancellation of approval 54 skills training loan. Duty to maintain records of skills training loan REPAYMENT LOAN PART IX SKILLS TRAINING 55. The Corporation shall be responsible for obtaining and collecting loan repayments 56 skills training. Return back the 57 skills training loan amount. Responsibilities of recipient of loan 58. Agent collection 59. An initial loan repayment 60 skill training. Notice for 61 loan repayments. Recover and collect skills training loan repayments 62. A valid method for collection of skills training loan repayments 63. Employers and people who hire themselves shall assist the Inland Revenue Board 64. Notice of the Corporation shall be final 65. Payment of commissions to agents collection part X VERIFICATION and INSPECTION SKILLS TRAINING PROVIDERS 66. Inspector 67. Inspection must be made from time to time 68. The authority to examine training provider skills 69. Seizure of documents, etc.
70. power Card 71. There are no rights over the cost of proceedings, damages or other relief, etc.
Skills Development Fund 7 PART XI OFFENCES and PENALTIES Section 72. Prohibition of advertising, etc.
73. The penalty for breach of conditions 74. Offences and penalties in relation to an application made under the Act 75. Offences and penalties in relation to skills training provider registration acknowledgement 76. Penalties relating to inspections, enforcement and investigation of 77. Offences relating to reimbursement by employers and those who employ yourself 78. 79. General penalty Penalties in the case of continuous offences 80. Offences by body corporate, etc.
81. The responsibility of the provider of skills training for the offence committed by members of the Board of Directors, officer, employee or agent of 82. Compounding of offences 83. An initial prosecution 84. PART XII MISCELLANEOUS 85 Presumption. Minister's power to exclude 86. Protection from personal liability 87. Public authorities Protection Act 1948 88. Protection from legal action and legal proceedings 89. Public servants 90. Act statutory bodies (accounts and annual reports) 1980 91. Obligations of secrecy 92. The power to make regulations 8 laws of Malaysia ACT 640 Section 93. Amendment 94 Schedule. Things done in anticipation of the making of this Act 95. Disposal of documents after more than three years of PART XIII TRANSITIONAL PROVISION and SAVING 96. Skills training provider registration after commencement this Act 97. Provision vesting provisions 98. Employ Government employee Skills Development Fund TABLE 9 laws of MALAYSIA Act 640 SKILLS DEVELOPMENT FUND ACT 2004, an act to establish the skills development fund, to incorporating the skills development Fund and to provide on matters related to it.
[June 1st, 2006, P.U. (B) 151/2006]
Enacted by the Parliament of Malaysia as follows: part I preliminary short title and commencement 1. (1) this Act may be cited as the Skills Development Fund Act 2004.
(2) of 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 — "Inspector" means any public officer or officer of the Corporation who are appointed as inspector under section 66;
"Committee" means a Committee established under section 21;
10 laws of Malaysia ACT 640 "skills" means an ability acquired and practiced to carry out a task or work efficiently;
"The Chief Executive" means the principal executive officer of the Corporation appointed under section 25;
"Fund" means the Skill Development Fund established under section 3;
"Board" means the Board established under section 16;
"The Inland Revenue" means the Inland Revenue Board of Malaysia which was established under section 3 of the Act the Inland Revenue Board Malaysia 1995 [Act 533];
"The national vocational training Council" means the body established in the name of such by the Government for the purpose to formulate, promote and coordinate vocational training strategies and programmes in line with the needs of industrial and technological advancement and economic development of the country, or any body replacing that Council;
"Minister" means the Minister charged with the responsibility for human resources;
"trainee" means a person receiving skills training of training providers skills;
"the loan recipient" means a person to whom the trainees have been approved, and receiving, a skills training loan under this Act;
"Chairman" means the Chairman of the Board appointed under paragraph 16 (2) (a);
"skills training provider" means a body or organization providing skill training either privately or by government financing;
"Corporation" means a Corporation the Skills Development Fund established under section 6;
Skills Development Fund 11 "skills training loan" means a loan approved and paid by the Corporation under this Act, including any tuition fees, cost of living expenses, financial assistance for equipment and education assistance, insurance and any administrative fee or other charges incurred by the Corporation;
"approved training programme" means a skills training programme carried out in Malaysia which was commissioned by the national vocational training Council and approved by the Corporation under section 44.
PART II FUND The Establishment Of The Fund 3. (1) for the purposes of this Act a fund named the Skills Development Fund shall be administered and controlled by the Corporation was established.
(2) the Fund shall consist of — (a) any money appropriated by the Government from time to time for the purposes of this Act;
(b) all grants, gifts, donations, contributions and bekues given to or for the benefit of the Corporation;
(c) money acquired by way of handling any project, scheme or Enterprise Agency, financed out of the Fund;
(d) the tuition fee, insurance claims and administration fees and other charges imposed by the Corporation under this Act;

(e) any money paid from time to time to the Corporation and all moneys from time to time become payable to the Corporation in respect of the repayment of any funding or financial assistance, including skills training loan, provided out of the Fund;
12 laws of Malaysia ACT 640 (f) money borrowed by the Corporation;
(g) any other property, investments, mortgage, lease, rental, charges or debentures acquired by or vested in the Corporation;
(h) all moneys or other property that may in any way be payable to or vested in the Corporation in respect of any matter incidental to the functions, powers or duties;
(i) monies earned or arising from any property, investment, mortgage, lease, rental, charges or debentures acquired by or vested in the Corporation; and (j) all other moneys lawfully received by the Corporation.
Expenses shall be charged on the Fund 4. The Fund may be expended for the purpose of — (a) provide skills training to the trainees loan for payment of fees, equipment and assistance, education and cost of living expenses during the period of training the trainee in an approved skills training programme;
(b) financing, or provide financial assistance to, the trainees in skills training programmes approved in addition to skills training loan way;
(c) carry out the extra power Corporation under and in accordance with section 11;
(d) loan repayment and any money out and other expenses authorized by this Act or any regulations made under this Act;
(e) administrative expenses, including remuneration, pension benefits, remuneration and other allowances of officers and servants of the Corporation; Skills Development Fund and 13 (f) other expenses incidental to the management of the Fund and the functions of the Corporation including any money needed to meet any judgment, decision, or award by any court or tribunal against the Corporation, or any member of the Board or any Committee, or any of its officers, servants or agents of the Corporation in respect of any act, negligence or default made or done by him in the discharge of the functions of the Corporation.
Reserve Fund 5. (1) the Corporation may establish and manage a fund the Reserve Fund.
(2) the Corporation may, from time to time, transfer the assets into or from the Reserve Fund.
(3) Notwithstanding subsection (2), money transfers into and out of the Fund of the reserve shall be determined by the Minister.
(4) the Reserve Fund can only be used for the purpose of training skills and advance loans for investment in bonds and Government securities.
PART III The CORPORATION Establishment Of The Corporation 6. (1) a body corporate by the name skills development fund corporation, which shall be responsible for the management of the Fund was established.
(2) the Corporation shall have perpetual succession and a common seal, and may be claimed and alleged his name.
14 laws of Malaysia ACT 640 (3) subject to and for the purposes of this Act, the Corporation, upon such terms as he thinks fit, may — (a) enter into contracts;
(b) acquire, purchase, take, hold and enjoy any kind of movable and immovable property; and (c) transfer, assign, surrender, refund, charge, mortgage, mendemiskan, assign it, transferred, or by any other means of disposal, or make any business of any movable or immovable property and any interest of any movable or immovable property, which is vested in the Corporation.
Seal 7. (1) the common seal of the Corporation shall include any design which is approved by the Corporation and such seal may from time to time be broken, changed, altered and made new as the Corporation thinks fit.
(2) the seal shall be kept in the custody of the Chief Executive and shall be authenticated by him or any officer duly authorized by the Corporation in writing.
(3) all deeds, documents, and other instruments to that effect as to be sealed with the common seal and authenticated in accordance with subsection (2) shall be deemed to have been validly executed, until the contrary is proved.
(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 Corporation, and any such document or instrument may be executed on behalf of the Corporation by an officer or authorized perkhidmat the Corporation generally or specially by the Corporation for that purpose.
(5) the seal of the Corporation shall be officially and judicially noticed.
Skills Development Fund Corporation 15 8. The functions of the Corporation is: (a) identify and approve qualifying skills training programmes for skills training loan;
(b) conducting and providing skills training loan and financial assistance in addition to the skills training loan, and provide service in the administer, monitor and collect loan repayments; and (c) perform any other functions assigned to the Corporation by this Act or by any other written law.
Powers Of The Corporation 9. (1) the Corporation shall have power to do all things expedient or reasonably necessary for or incidental to the exercise of its functions.
(2) without prejudice to the generality of subsection (1), the powers of the Corporation shall include power — (a) to enter into contracts;
(b) to use any of the Corporation's property, movable or immovable, for the benefit of the Fund in such manner as he thinks expedient by the Corporation, including seeking a loan with mortgage the property;
(c) to engage in any activity, whether on their own or merge with other organizations, for the purpose of coordinating, streamlining or rationalise the grant and loan administration skills training to the trainees in approved training programme;
(d) to impose fees, including the cost of living, insurance and administration fees and other charges for services rendered by the Corporation;
(e) to provide loans and make advances to officers and servants of the Corporation for any purpose approved by the Minister;
16 laws of Malaysia ACT 640 (f) to organize and promote recreational activities for, and activities appropriate for the welfare of the officers and servants of the Corporation;
(g) to provide training for officers and servants of the Corporation and to provide loans or otherwise pay for the training; and (h) to make anything incidental to any of its powers.
Power to invest 10. (1) the money in the Fund, to the extent not required immediately to be expended by the Corporation under this Act, shall be invested entirely in investing in Malaysia in accordance with subsection (2).
(2) the Moneys in the Fund in subsection (1) may be invested in — (a) deposit in — (i) Bank Negara Malaysia;
(ii) banks and financial institutions licensed under the banking and financial institutions Act 1989 [Act 372]; or (iii) any other financial institutions established or licensed or registered under any written law and approved by the Minister of finance for the purposes of this Act;
(b) bonds and Government securities;
(c) investments that are permitted by or under the Trustee Act 1949 [Act 208]; and (d) any securities or investments approved by the Minister of finance.
(3) for the purposes of this section, "securities" has the same meaning as given to "securities" under section 2 of the Securities Commission Act 1993 [Act 498].
Skills Development Fund 17 extra power Corporation 11. The Corporation may, with the approval of the Minister and the consent of the Minister of Finance — (a) if it turns out to be necessary, appropriate or beneficial for or in connection with the discharge of the functions, the exercise of the powers and activities of the Corporation, entered the equity participation, partnership, joint venture, undertaking or any form of cooperation or other arrangements, or otherwise, together with — (i) an enterprise, company or private undertaking established for doing business in Malaysia or elsewhere;
(ii) the Federal Government or any State Government;
(iii) any statutory authority; or (iv) a Commission; and (b) establish or organize the setting up of companies under the companies Act 1965 [Act 125], to conduct or engage in any activities planned or undertaken by the Corporation.
Warranty and indemnity 12. The Corporation cannot emit any letter of guarantee or indemnity to a person under this Act without the written approval of the Minister and the Minister of finance.
Expenses and the preparation of the estimate of 13. (1) the expenditure of the Corporation to the extent of any amount allowed by the Minister for any one year shall be paid out of the Fund.
(2) before the beginning of the month of September each year, the Corporation shall submit to the Minister an estimate of expenditure for the following year in such form and containing such particulars as may be directed by the Minister.
18 laws of Malaysia ACT 640

(3) the Minister shall notify the Corporation before the beginning of the following year on the amount authorised for expenditure in General, or the amount allowed for each type of expense, based on the estimates provided under subsection (2).
(4) the Corporation may submit to the Minister at any time an estimate of additional expenses for any one year and the Minister may allow the whole or any part of the additional expenditure is included in the estimated additional expenditure.
Skills training loan provision in the estimates annual 14. (1) the Corporation shall provide in its annual estimates under section 13 for any amount of money agreed by the Minister for the purposes of skills training loan under this Act.
(2) the amount of money is provided under subsection (1) shall be charged on the Fund, but the Corporation shall keep and maintain the Fund in berwang condition at all times.
Account and report 15. (1) the Corporation shall cause to be kept proper accounts for and reports should be about its activities.
(2) the Corporation shall, as soon as practicable after the end of each financial year, cause prepared for that financial year — (a) a statement of accounts of the Corporation shall include a balance sheet and income and expenditure accounts; and (b) a statement of its activities.
19 Skills Development Fund (3) the Corporation shall as soon as may send a copy of the statement of account is provided in paragraph (2) (a) and a statement of its activities provided in paragraph (2) (b), certified by the Auditors and a copy of the Auditors ' report to the Minister which shall be so laid before both houses of Parliament.
PART IV Board Of Directors 16. (1) the Board of the Corporation, who shall exercise the powers and perform the functions of the Corporation, was established.
(2) the Board shall consist of the following members: (a) a Chairman who shall be appointed by the Minister;
(b) the Chief Executive of the Corporation;
(c) the Director General of the national vocational training Council or his representative;
(d) a representative of the Ministry of finance;
(e) a representative of the Office of the Prime Minister;
(f) two people representing private skills training provider, who shall be appointed by the Minister; and (g) two persons having special knowledge or experience in financial affairs or trade, who shall be appointed by the Minister.
(3) a member appointed under paragraph (2) (f) or (g) shall hold office for a term of three years and shall be eligible for re-election.
(4) the Minister may revoke the appointment of a member appointed under paragraph (2) (f or (g) without giving the reason of such cancellation.
(5) the provisions of the Schedule shall apply to the Board.
20 laws of Malaysia ACT successor or Representative organisations 640 renamed 17. (1) where a member of the Board is representative of a particular Ministry, Department or organization and the ministries, departments or organizations that have been renamed, or if the functions of the ministries, departments or organizations were taken over by the ministries, departments or other organizations, representatives shall be nominated by the ministries, departments or organizations that take over the function.
(2) where a person has been appointed to the Board in respect of a provider of skills training, that person shall continue as a member of the Board until the expiry of his appointment or until his appointment is revoked by the Minister, whichever is earlier, although she is no longer a skill or training providers involved in skills training.
Deputy Chairman and Secretary of the 18. (1) the Minister shall appoint a Deputy Chairman of the Board from among the members of the Board.
(2) the Board shall appoint an officer of the Corporation as the Secretary of the Board.
Alternate member 19. (1) the Minister may appoint an alternate member in respect of each Member of the Board appointed under paragraph 16 (2) (f) and (g) to attend meetings of the Board in lieu of the Member when the Member was unable to attend for any reason.
(2) when attending meetings of the Board in lieu of a member, an alternate member shall for all purposes be deemed to be members of the Board.
(3) an alternate member shall cease to be such if the Member as an alternate member ceased to be a member.
Skills Development Fund 21 Allowance or refund 20. Then may be paid to every Member of the Board who are not employees of the Corporation any allowance or reimbursement from the Fund at a rate or rates as may be determined by the Minister.
Committee for 21. (1) for the purposes of performing the functions of the Corporation the Board may establish such committees as it may deem necessary, and with such terms of reference may specify.
(2) members of the Committee shall be appointed by the Board.
(3) members of the Committee established under subsection (1) may be made up of members of the Board or Board members and any other persons as the Board may think fit, but every Committee shall be chaired by a member of the Board.
(4) the person is not eligible to be a member of the Board under the schedule are also not eligible to be members or the Committee.
(5) a member of a Committee shall hold office for a period specified in the letter of appointment and shall be eligible for re-election.
(6) a member of the Committee may resign at any time by giving notice in writing to the Chairman of the Board.
(7) the Board may revoke the appointment of any member of the Committee without assigning any reason for the revocation.
(8) subject to this Act and the instructions given by the Board, a Committee may regulate its own procedure.
(9) meetings of a Committee shall be held at such time and at the place determined by the Chairman of the Committee.
22 laws of Malaysia ACT 640 (10) a Committee may invite any person who is not a member of the Committee to attend any of its meetings for the purpose of advising it on any matter under dibincangkannya but such person shall not be entitled to vote at the meeting.
(11) a Committee shall cause — (a) minutes of all its meetings to be maintained and stored in a proper form; and (b) a copy of the minutes of all its meetings as submitted to the Board as soon as practicable.
(12) members of the Committee and the person invited under subsection (10) who are not employees of the Corporation shall be paid such allowances and other expenses as may be determined by the Board, after consultation with the Minister.
Representation function 22. (1) the Board may delegate to a Committee established under section 21 any of the functions and powers of the Corporation that it regards necessary or desirable, except the power to make regulations.
(2) any function or power delegated under this section — (a) may be represented as such subject to such conditions or restrictions as may be imposed by the Board either generally or specifically; and (b) shall be executed or carried out by the Committee in the name of and on behalf of the Board.
(3) a delegation under this section shall not prevent the Board from enforcing or exercising at any time any of the functions and powers delegated it.
Power of Minister to give directions 23. (1) the Board shall be responsible to the Minister.
Skills Development Fund 23 (2) the Minister may give directions that are consistent with the provisions of this Act to the Board from time to time.
(3) the Board shall perform all instructions given under this section as soon as possible.
Disclosure of interest 24. (1) any member of the Board or any member of the Committee who have or acquire interests directly or indirectly by himself, through a member of his family or through its affiliates in connection with any matter under discussion by the Board or Committee, shall disclose to the Board or Committee, as the case may be, the fact of his interest and the interest of the type.
(2) a disclosure under subsection (1) shall be recorded in the minutes of meetings of the Board or Committee, as the case may be, in which the matter is discussed, and after the disclosure, when the matter is discussed or decided, the Member — (a) shall not be counted for the purpose of forming a quorum of the Board or Committee; and (b) cannot take part or are present in any discussion or decision of the Board or Committee.
(3) no act or proceeding of the Board or Committee may ditidaksahkan on the ground that any member of the Board or Committee members have violated the provisions of this section.
(4) for the purposes of this section — (a) "family member", in respect of a member of the Board or of a Committee, means — (i) his spouse;
(ii) the parent (including parent's spouse);
(iii) his children (including adopted children or stepchildren);
24 laws of Malaysia ACT 640 (iv) his siblings (including siblings of spouse); and (v) husband or his wife or his siblings; and (b) "associate", in respect of a member of the Board of the Corporation or of a Committee, means —

(i) any person who is a member or employee of the trustee (s);
(ii) any of the Member firms or any nominee of his, is a partner;
(iii) partner to the Member;
(iv) the Trustees of a trust under which the Member or a member of his family to be of a trust; or (v) any corporation, within the meaning of the companies Act 1965, which to the Member or any nominee of his or of a member of his family as the Director or has a controlling interest or a share of the total value of not less than thirty per cent of the total issued capital of the Corporation.
Part V OFFICERS And SERVANTS Chief Executive 25. (1) the Minister shall appoint a, designated as "Chief Executive", became the principal executive officer of the Corporation, and shall vest on him any powers and impose upon it obligations as specified by the Act.
(2) the Chief Executive shall be responsible for the overall administration and management functions and the day-to-day affairs of the Corporation.
25 Skills Development Fund (3) the Chief Executive shall have general control over the officers and servants of the Corporation.
(4) the Chief Executive shall perform such additional duties as directed by the Board or the Minister from time to time.
(5) in fulfilling its duties, the Chief Executive shall act under the authority and the General instructions of the Board.
(6) if the Chief Executive does not exist in Malaysia temporarily or is unable by reason of illness or any other reason to carry out his duties, Deputy Chief Executive Officer shall perform the duties of the Chief Executive of the current Chief Executive is temporarily not or is unable to.
The Appointment Of Deputy Chief Executive 26. The Board, with the approval of the Minister, may appoint a Deputy Chief Executive to help the Chief Executive duties as determined under subsection 25 (6).
Appointment of officers and servants of the Corporation 27. (1) the Corporation may appoint or employ any number of officers and servants to assist the Corporation carry out its functions under this Act.
(2) subject to paragraph 9 (2) (e) and sections 28 and 29, the Corporation, with the approval of the Minister, can determine the terms and conditions of service of officers and pekhidmatnya.
Regulations in respect of service 28. The Corporation may, with the approval of the Minister, make regulations with respect to the terms of service of the officers and pekhidmatnya.
26 laws of Malaysia ACT 640 Payments retirement benefits, gratuity and allowances other 29. The Corporation may make arrangements for payments to officers and pekhidmatnya as well as their dependants of any retirement benefits, gratuity and other allowances as determined by the Board.
The prior approval of the Treasury, public service department, etc., shall be obtained 30. Notwithstanding the provisions of paragraph 9 (2) (e) and sections 28 and 29, the Corporation may not, without the prior written approval of the Treasury, the public service department or other authority concerned — (a) to create or modify any posts or scheme of service for officers and servants of the Corporation, including the terms and conditions of service and salaries; or (b) to enter into arrangements in respect of — (i) any pension, gratuity, pension benefits and any scheme relating to allowances and other remuneration; and (ii) loans and advances.
Appointment of agents, consultants, etc.
31. The Corporation may appoint or employ agents and consultants, including advocates and solicitors, and others to manage any business or to do any act required to be dealt with or performed on its functions or to carry out the purposes of this act better.
The Corporation may adopt regulations, etc.
32. for the purposes of this part, the Corporation, with the approval of the Minister, can be adopted by any modification to be any regulations, rules, policies, circulars and instructions made or issued by the Federal Government.
Skills Development Fund 27 PART VI REGISTRATION of TRAINING PROVIDER SKILLS provider skills training Registration 33. (1) no skills training providers can apply skills training loan unless — (a) it has been registered under this part; and (b) it running skills training programme that is registered under part VII.
(2) training provider skills cannot be registered under this section unless — (a) it has been accredited by the national vocational training Council; and (b) it carries out approved training programme.
(3) an application for registration shall be submitted by a provider of skills training in such form and manner as may be determined by the Corporation.
(4) every application shall be accompanied by — (a) any fees as determined by the Corporation; and (b) any documents and information for the purpose of deciding the application as shall be determined by the Chief Executive.
(5) At any time after receipt of application for registration and before disconnect it, the Chief Executive may by written notice require skills training providers provide documents and additional information within the period specified.
(6) if the documents and information required under subsection (5) is not given by the applicant within the period specified or any extension of the period as permitted by the Chief Executive, the application shall be deemed to have been withdrawn and did not continue, but a new application can be made by the applicant.
28 laws of Malaysia ACT 640 (7) the Chief Executive or any officer of the Corporation may at any time examine the skills training providers premises to verify the validity of the application.
(8) the application for registration may be withdrawn at any time before the application is approved or rejected.
(9) the Chief Executive shall submit the application together with his report about the application to the Corporation.
Power to approve or reject applications for registration 34. The Corporation may, after considering the report of the Chief Executive of — (a) register the skills training providers; or (b) refuse the application, stating the reasons for such rejection.
Rejection of the application for the registration of 35. Application for registration by any person under section 33 may be rejected on any or all of the following reasons: (a) that the applicant did not enter a training program approved by the Corporation;
(b) that the applicant does not comply with the provisions of this Act and the regulations made under this Act in relation to the applications concerned; and (c) that the applicant has provided any information which he knows to be false or that she believes is untrue, or has deliberately withheld any material facts, or provide any information which is misleading.
Certificate of registration 36. (1) when a registered skills training provider under section 34, the Chief Executive shall issue a certificate of registration to the skills training providers.
Skills Development Fund 29 (2) the certificate of registration shall state where the main premises training providers the skills training on her skills.
(3) skills training Providers shall cause a copy of the certificate of registration is displayed in conspicuous places at the premises specified in the certificate of registration.
(4) every skill training provider registered under section 34 shall comply with the provisions of this Act and any subsidiary legislation made under this Act.
(5) when any skills training providers stop providing skills training, skills training providers shall surrender the certificate of registration to the Chief Executive within three months from the date of the termination.
The power to suspend or cancel the registration of training providers skills 37. (1) the Corporation may, at any time, suspend or cancel the registration of the skills training provider under section 33 if — (a) the skills training provider has terminated pentauliahannya by the national vocational training Council;
(b) no skills training programmes conducted by training providers the skills which was commissioned by the national vocational training Council;
(c) the skills training provider has violated any condition imposed under section 34; or (d) the skills training provider has violated any provision of this Act or of any subsidiary legislation made under this Act.
(2) written notice of the intention to suspend or cancel the registration of a skills training provider who has been registered under section 34 shall be conveyed to the skills training providers and the notice shall specify the reasons for the suspension or cancellation.
30 laws of Malaysia ACT 640 (3) skill training Provider referred to in subsection (2) shall be given a reasonable opportunity to be heard before a registration is suspended or cancelled.
The public was told about the cancellation of the registration of training providers skills 38. The Chief Executive shall cause the fact the cancellation of the registration of any training provider skills published for information of the public.
The authority to impose conditions 39. The Corporation may, at any time or after registration a the skills training provider under section 34, impose such conditions as it may absolutely deem necessary or reasonable and may alter, amend or cancel any condition or impose new conditions or add to the terms from time to time.

Express 40. The Chief Executive shall cause to be kept a register of registered training provider under section 34 and the register shall contain all particulars relating to providers of skills training presented in their applications and training programmes carried out by them.
Appeals 41. Any person aggrieved by — (a) the refusal of the Corporation under section 34 to register a skills training providers; or (b) dependence or skills training provider registration cancellation under section 37, may appeal in writing to the Minister within thirty days from the date notice of the refusal or suspension or cancellation to the skills training providers.
Skills Development Fund 31 Minister's power on appeal 42. (1) the Minister, in an appeal made to him under section 41, may confirm, revoke or vary the decision of the Corporation under section 34 or 37.
(2) the Minister shall notify its decision in writing to the person making the appeal and to the Corporation through the Chief Executive.
Decision of the Minister on appeal to 43. Decision of the Minister on an appeal shall be final.
PART VII APPROVED TRAINING PROGRAMME approved training programme 44. The Corporation may identify and approve any skills training programmes as approved training programmes for skills training loan purpose under this Act.
Application for approval of training programme 45. (1) a skills training provider that is registered under section 34 may apply to the Corporation to get approval for any training program under section 44.
(2) an application under subsection (1) shall be made to the Chief Executive and accompanied by such information and documents as determined by the Corporation.
The power to suspend or cancel an approved training program 46. (1) the Corporation may, at any time, revoke the approval of a skills training programme under section 44 if the Corporation decided that the applicable training program is no longer suitable for the purpose of skills training loan facility.
32 laws of Malaysia ACT 640 (2) a written notice of intention to revoke the approval of a skills training programme shall be delivered by the Chief Executive to every skill training provider that is registered in the register kept under section 40 and the details of its registration indicates that the skills training providers to carry out training programmes in question.
(3) no approval of a programme of skills training may be cancelled unless every provider of skills training that will be affected by the cancellation and who wish to make representations on the matters concerned were given an opportunity to be heard.
(4) the decision of the Corporation shall be final and conclusive.
(5) the Chief Executive shall cause the fact of revocation of an approved skills training programme published for information of the public.
PART VIII Registration SKILLS TRAINING LOAN APPLICATION application loan 47 skills training. (1) skills training Provider registered under section 34 can apply for skills training loan facility to the Corporation for the trainees who undergo skills training provider skill training program approved by the Corporation.
(2) every application for skills training loan shall be made to the Chief Executive in the form and manner as may be determined by the Corporation.
(3) every application shall be accompanied by — (a) any other documents and information as determined by the Chief Executive; and (b) any fees, if any, as determined by the Corporation.
Skills Development Fund 33 (4) no fee may be imposed under subsection (3) in respect of an application by the institutions owned or operated by the Government or the State Government or statutory bodies.
(5) At any time after receiving the loan application skills training and before the application is determined, the Chief Executive may by notice in writing require skills training providers provide documents and additional information within the stipulated time.
(6) if the documents and information required under subsection (5) is not provided by the applicant in the prescribed period or any extension of time as permitted by the Chief Executive, the application shall be deemed to have been withdrawn and are not continued, but new applications can be made by the applicant.
(7) the Chief Executive or any officer of the Corporation may at any time examine the skills training providers premises to verify the validity of the application.
(8) a skills training loan application can be withdrawn at any time before the application is approved or rejected.
Power to approve or reject the loan application skills training 48. The Chief Executive may — (a) approval of the application; or (b) refuse the application, stating the reasons for the rejection.
Refusal skills training loan application 49. Skills training loan application may be rejected for any or all of the following reasons: (a) that the amount of money available for lending training skills in annual estimates under section 14 is not enough;
34 the laws of Malaysia ACT 640 (b) that the training program that is not an approved training programme;
(c) that the applicant does not comply with the provisions of this Act and the regulations made under this Act in relation to the applications concerned;
(d) that the applicant has provided any information which he knows to be false or that she believes is untrue, or has deliberately withheld any material facts, or provide any information that is misleading;
(e) that the skills training loan approval with respect to the training program has been cancelled under section 53; or (f) that a notice of intention to revoke the registration of the skills training provider under section 34 or the approval of training programs under section 44 has been issued.
Change of training providers or programs 50. (1) the Chief Executive may approve any application for change of training providers or training programmes by a trainer.
(2) an application for the exchange of training providers or training programmes shall be made to the Chief Executive in any form as determined by the Corporation.
(3) every application shall be accompanied by — (a) any other documents and information as determined by the Chief Executive; and (b) any fees, if any, as determined by the Corporation.
Skills training loan payment 51. (1) skills training Loan under this Act shall be granted and paid to qualifying trainees in approved training programme in such sums and means as determined by the Corporation from time to time.
Skills Development Fund 35 (2) for the purposes of subsection (1), the Corporation may designate any testing capability as deemed necessary and expedient by the Corporation for the purpose of determining and selecting trainees qualify for skills training loan.
Skills training loan agreement 52. (1) a person who has been approved to it skills training loan must sign an agreement with the Corporation.
(2) the terms and conditions of the skills training agreement shall be determined by the Corporation.
Revocation of approval of skills training loan 53. (1) any loan approved under paragraph 48 (a) may be canceled if — (a) the applicant is seeking to cancel the skills training loan;
(b) the applicant fails to submit the signed agreement fully within the stipulated time;
(c) the applicant failed to comply with the terms and conditions of approval;
(d) the applicant gives any information which he knows to be false or that she believes is untrue, or has deliberately withheld any material facts, or provide any information that is misleading;
(e) the loan recipient refuses or fails to follow the skills training programme; or (f) any other reasons deemed reasonable by the Corporation.
(2) If a loan is cancelled under subsection (1), no payment or further payments shall be made by the Corporation.
(3) Notwithstanding the cancellation of the loan under subsection (1), any sum of money paid and any amount imposed under the terms of the loan agreement shall be recoverable by the Corporation in accordance with the relevant agreement.
36 laws of Malaysia ACT 640 duty to maintain records of skills training loan 54. (1) the Corporation shall cause to be maintained a record of all skills training loan is paid out of the Fund and costs their recoverable amounts.
(2) records kept and maintained under subsection (1) shall include — (a) particulars of every recipient of loans, including the name, identity card number, and his address;
(b) skills training loan amount, payment schedule their recoverable amounts, the amount of each payment required to be made, the date of commencement of repayment, and repayment records;
(c) the name of the provider of skills training where the recipient of a loan received training, approved training programme under which the loan recipients receive training, the training period and the date of the expected completion of training; and (d) any other details deemed necessary or expedient by the Corporation for the purposes of this Act.
PART IX

SKILLS TRAINING LOAN REPAYMENTS of the Corporation shall be responsible for obtaining and collecting loan repayments 55 skill training. (1) the Corporation shall be responsible for obtaining and collecting loan repayments paid skills training to the recipient of the loan.
(2) any skills training loan or any part of the skills training loan not repaid may be regarded as a civil debt due from the recipient of a loan to the Corporation and the Corporation can get the debt through any other means as provided under the law to recover such debts.
Skills Development Fund 37 Return back skills training loan amount 56. Any recipient of the loan, shall return any amount for any skills training loan — (a) paid to him in terkhilaf;
(b) earlier paid;
(c) where the payment was made to him as a result of fraud or misrepresentation or any other Act which is unlawful;
(d) if training is not terminated by the recipient of loans by approved training programme; or (e) if training is not attended by the recipient of the loan.
Loan recipient responsibilities 57. Loan recipients must inform the Corporation of — (a) any change of address; and (b) its employment, including those employing themselves if he was employed.
Agent collection 58. (1) without prejudice to the responsibilities and powers of the Corporation to get skills training loan repayments under section 55, the Inland Revenue Board to be appointed as agent collection for and on behalf of the Corporation to recover any skills training loan to be repaid to the Corporation by any recipient of the loan.
(2) in addition to the Inland Revenue Board, the Corporation, with the approval of the Minister and the consent of the Minister of finance, may appoint any number of collection agent as may be expedient or necessary for recover skills training loan repayments.
38 the laws of Malaysia Act 617 640 ACT loan repayment 59 skills training. (1) it shall be the duty of the recipient of a loan to start her skills training loan repayments to the Corporation not later than the period specified in the loan agreement.
(2) Notwithstanding subsection (1) and subject to the terms and conditions of the loan agreement made between Corporation with recipients of loans under this Act, the Chief Executive, on the application of the recipient of the loan made prior to the expiry of the stipulated time period referred to in subsection (1), may extend the period of time for the start of the repayment of the skills training loan upon such terms and conditions as the Chief Executive described should apply.
Notice of loan repayments of 60. The Chief Executive shall cause to be issued to each recipient of the loan a notice which sets out the amount and the date of preliminary skills training loan repayments in respect of each loan recipient before the specified period for repayment of the loan.
Recover and collecting loan repayments 61 skill training. (1) for the purposes of reclaim and collect the skills training loan repayments — (a) the Corporation shall give the Inland Revenue Board or the collection agent appointed under section 58 — (i) a copy of the records kept and maintained under section 54;
(ii) a copy of the notice of repayment of loans issued under section 60; and (iii) such other details as may be requested by the Inland Revenue Board or the collection agent; Skills Development Fund and 39 (b) of the Inland Revenue Board or the collection agent shall — (i) keep and maintain a record collection of repayments made in respect of each recipient a loan in such manner and containing such particulars as may be deemed fit and necessary by the Inland Revenue Board or the collection agent to show the actual state of affairs collection that repayment;
(ii) give the Corporation a copy of the records kept and maintained under subparagraph (i) within the period agreed between the Corporation with the Inland Revenue Board or the collection agent; and (iii) not later than the first working day of the following week or month or every quarter of the calendar year as agreed between the Corporation with the Inland Revenue Board or agent collection, starting from the first collection of skills training loan repayments, pay to the Corporation all sums collected repayments under this Act with any statement as may be accepted by the Inland Revenue Board or agent of the collection of the amount of money collected that.
(2) the Inland Revenue Board or the collection agent, at its sole discretion, can formulate any administrative rules, procedures and processes to facilitate the collection of skills training loan repayments due to the Corporation.
A valid method for collection of skills training loan repayments 62. For the purposes of this Act, Inland Revenue Board or agent of the collection can use any method permitted under law to implement collection skills training loan repayments in respect of each loan recipient.
40 laws of Malaysia ACT 640 employers and people who hire themselves shall assist the Inland Revenue Board 63. It shall be the duty of the employer to someone the recipient of the loan and the duty of a person who employ themselves, when notified in writing by the Board of Inland Revenue — (a) to deduct from the wages of the recipient of the loan or to those who employ themselves, from his wages own any amount of money as diberitahukan by Inland Revenue, which is the amount of the monthly repayment required of the recipient of the loan for lending her skills training; and (b) to remit the amount deducted to the Inland Revenue Board not later than the last day of the month following the month in which his salary paid.
Notice of the Corporation shall be final 64. Notice issued by the Corporation under section 60 shall be conclusive evidence of the skills training loan amount outstanding and payable to the Corporation by the recipient of the loan for the purpose of recovery and collection of skills training loan repayment by the Inland Revenue Board or agent collection under this Act.
Payment of Commission to the agent's collection of 65. The Corporation, with the approval of the Minister of finance may pay to the Inland Revenue Board or the collection agent appointed under section 58 such Commission rates for services rendered in the collection of skills training loan repayments.
Skills Development Fund 41 part X VERIFICATION and INSPECTION SKILLS TRAINING PROVIDERS 66 Inspector. For the purposes of this section, the Corporation may appoint any public officer or any officer of the Corporation as an Inspector to carry out the duties of the verification and inspection under this Act.
Inspection must be made from time to time 67. Someone inspector shall, from time to time, examine a skills training provider that is registered under this Act for the purpose of ensuring that this Act and the regulations made under this Act have been and are being complied with.
The authority to examine training provider skills 68. For the purposes of verification or inspection under this Act, an inspector may — (a) enter, during working hours any premises or any part of the premises owned or used, either on a regular basis or otherwise, by skills training providers for the purpose of providing skills training;
(b) inspect any books, minutes book, register, documents, financial statements, material or other articles as he may deem necessary;
(c) require any person, who is a member of the Board of Directors, an employee or a trainee training providers the skills, to produce for inspection the Inspector any book, minutes book, register, documents, financial statements, the 42 laws of Malaysia ACT 640 materials or other items that are in the possession or custody or under the control of that person or that are within his power to give — (i) in relation to the management of the skills training providers; or (ii) in relation to skills training which is carried out by training providers the skills; and (d) make copies of or take extracts from any books, minutes book, register, documents, financial statements, material or other items inspected under paragraph (c).
Seizure of documents, etc.
69. Where an inspector carrying out an inspection under this Act have reasonable cause to believe that an offence has been committed against this Act, the Inspector may seize and detain any book, minutes book, register, documents, financial statements, material or other items inspected under section 68.
Card power 70. (1) an inspector when exercising any power under this Act shall declare his Office and shall submit to the person against whom the Inspector acts or from whom the inspector asked for any information, any card as directed by the Corporation in order to be carried by the Inspector.

(2) power Card specified in subsection (1) shall be issued by the Chief Executive.
There are no rights over the cost of proceedings, damages or other relief, etc.
71. No person shall, in any proceedings before any court in respect of the seizure of anything already seized or detained in discharging or purporting to be a skills development Fund 43 exercise any of the powers conferred under this section are entitled to the cost of the proceedings or any damages or other relief, in addition to order the return of any article seized or withheld , or costs down unless the seizure or detention is made without reasonable cause or perhaps.
PART XI OFFENCES and PENALTIES Prohibition on advertising, etc.
72. (1) No person shall portray himself as, or promote, a skills training providers either through advertisements, prospectuses, brochures or otherwise, as a provider of skills training with respect to the loan facility provided under this Act unless the skills training provider has been registered under this Act.
(2) any person who contravenes subsection (1) commits an offence and shall, on conviction, liable to a fine not exceeding twenty thousand dollars, or to imprisonment for a term not exceeding six months or to both.
Penalty for breach of conditions 73. A training provider skills who contravenes any of the conditions imposed when the skills training provider is registered under this Act commits an offence and shall, on conviction, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both.
Offences and penalties in relation to an application made under the Act 74. Any person who, at the time of application for registration of a skills training provider, registration of approved training program or application for skills training loan under this Act, make any statement that 44 laws of Malaysia ACT 640 knowingly false, or that he believes is untrue, or intentionally hide any material facts, or provide any information which is misleading in any material particular commits an offence details and can , on conviction, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or both of each.
Offences and penalties in relation to skills training provider registration acknowledgement 75. If — (a) a training provider skills failed to cause displayed a copy of the certificate of registration of the skills training provider in accordance with subsection 36 (3); or (b) a skills training providers ceased providing skill training failed to surrender the certificate of registration of the skills training providers to the Chief Executive in accordance with subsection 36 (5), then the skills training provider commits an offence and shall on conviction liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both.
Penalties relating to inspections, enforcement and investigation of 76. Any person — (a) fails to produce a book, the minutes book, register, documents, financial statements, material or thing required by the inspector under section 68; or (b) that menggalang or prevent someone from Inspector function of verification or inspection under this Act, commits an offence and shall, on conviction, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both.
Skills Development Fund 45 Offences relating to reimbursement by employers and those who employ themselves 77. Any employer or person employing themselves, who failed to cut the wages of recipients of loans, once notified by the Inland Revenue, which is the amount of the monthly repayment required for loan recipients is skills training loan is guilty of an offence and shall, on conviction, in a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding three months or to both.
Penalties am 78. A person who is convicted of an offence under this Act for which no penalty expressly provided shall, on conviction, to a fine not exceeding ten thousand ringgit.
Penalties in the case of continuous offences 79. Any person who is convicted of an offence under this Act shall, in the case of a continuing offence charged, in addition to any other penalty that may be imposed on it under this Act in respect of such offence, a daily penalty not exceeding one thousand dollars for each day the offence continues after conviction.
Offences by body corporate, etc.
80. If an offence under this Act has been committed by a body corporate, partnership or body — (a) in the case of a body corporate, any person who is a Director, Manager, Secretary or other similar officer of the body corporate at the time of the Commission of the offence;
(b) in the case of a partnership, every partner in the partnership at the time of the Commission of the offence; or 46 laws of Malaysia ACT 640 (c) in the case of an establishment, every office bearer of the establishment at the time of the Commission of the offence, may be charged separately or in association in the same proceedings as body corporate, partnership or Corporation and shall be deemed to have committed such offence unless he proves that it was committed without his knowledge or pembiarannya or that he took all reasonable steps or that he has conducted due diligence to prevent the Commission of the offence.
Skills training providers responsibility for offences committed by members of the Board of Directors, officer, employee or agent 81. (1) where an offence against any provision of this Act has been committed by a person who at the time of the offence committed is — (a) a member of the Board of Directors;
(b) an officer;
(c) an employee; or (d) an agent, the skills training provider, then the skills training providers shall be deemed to have been also committed such offence.
(2) in a prosecution against a particular skill training provider under subsection (1) based on the offence committed by — (a) a member of the Board of Directors;
(b) an officer;
(c) an employee; or (d) an agent, the skills training provider, it shall be a defence for any training provider skill that Skill Development Fund under subsection 47 (1) If a provider of skills training that proves — (aa) that the offence committed without the knowledge or the skills training provider pembiaran; or (ab) that the skills training providers — (i) take all reasonable steps; and (ii) exercise all due diligence to prevent the Commission of offences, such as that should be taken and run by training providers the skills, taking into account the type of the function of the Board of Director, officer, employee or agent on the properties and all the circumstances.
Compounding of offences 82. (1) the Chief Executive may, with the written consent of the public prosecutor, mengkompaunkan any offence committed by any person under section 72, 73, paragraph 75 (a), section 77 or 78 of this Act or any regulations made under this Act that is designated as an offence that can be is compounded by making an offer in writing to the person who has committed such offence to mengkompaunkan them when paid to the Corporation in an amount not exceeding twenty per cent of the amount of the maximum fine for the offence within the time stated in the offer.
(2) an offer under subsection (1) may be made at any time after the offence, but before any prosecution for him started and if the amount specified in the offer is not paid within the time stated in the offer or in any extended period granted by the Chief Executive, prosecution for that offence may be commenced at any time after that to the person to whom the offer is made.
(3) If an offence 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 to 48 laws of Malaysia ACT 640 Corporation, as may be prescribed by the Chief Executive, subject to such terms and conditions as it thinks fit.
(4) All sums received by the Corporation under this section shall be paid into and form part of the Fund.
An initial prosecution 83. Prosecution in respect of an offence under this Act shall not be instituted without the written permission of the public prosecutor.
Presumption 84. In any proceedings for an offence under this Act when it has been proved that any application, information, details, statement, account, records, documents or statements, whether written or not, is — (a) is false or untrue in whole or in part; or (b) misleading in any material particulars,

It shall be presumed until the contrary is proved that the applications, information, details, statement, account, records, documents or peryataan it is fake or not true in whole or in part or misleading in any material particulars, as the case may be, on the knowledge of the person signing, send or supply it.
PART XII MISCELLANEOUS power of Minister to exclude the 85. (1) the Minister may by order published in the Gazette exempt, subject to such conditions as he may deem fit to impose — (a) any person or class of persons; or the skill development fund 49 (b) any provider of skills training, from all or any provisions of this Act or any regulations made under this Act.
(2) the Minister may, at any time, by order published in the Gazette, revoke any order made under subsection (1) if the Minister is satisfied that the exemption no longer should be given.
Protection from personal liability 86. None of the Board or any Committee, and no officers, servants or agents of the Corporation, shall bear any liability for any loss or damage caused by any act or omission in the exercise of the powers or duties under this Act unless the loss or damage caused by an act or omission that inflicted by him.
Public authorities Protection Act 1948 87. Public authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceeding against the Corporation, or against any member of the Board or any Committee, or any of its officers, servants or agents of the Corporation in respect of any act, neglect or default made or done by him upon such property.
Protection from legal action and proceedings of law 88. No action can be taken or prosecution can be brought, instituted or made against the Government, the Minister, the Chief Executive of or against any government officials, or any person acting under the direction of the Minister or the Chief Executive, in any court for any thing done or omission to do under this Act — (a) in good faith;
50 laws of Malaysia ACT 640 (b) reasonably believes that the item is necessary for the purposes that are intended to be achieved through it; or (c) to carry out the provisions of this Act.
89 public servants. Chairman, all members of the Board and any Committee, and officers, servants and agents of the Corporation, while on their duties as Chairman or members, its officers, servants or agents of such shall be deemed to be public servants within the meaning of the Penal Code [Act 574].
Act statutory bodies (accounts and reports Tabunan) 1980 90. Act statutory bodies (accounts and annual reports) 1980 [Act 240] shall apply to the Corporation.
Obligations of secrecy 91. (1) except for any of the purposes of this Act or for the purpose of any civil or criminal proceedings under any law, no member of the Board, Member of a Committee, officers, servants or agents of the Corporation may disclose any information which has been diperolehnya while performing his duties and who is not published in accordance with this Act.
(2) any person who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both.
The power to make regulations 92. (1) the Corporation, with the approval of the Minister, may make such regulations as expedient or necessary for the purposes of carrying out the provisions of this Act.
Skills Development Fund 51 (2) without prejudice to the generality of subsection (1), regulations may be made to specify — (a) the criteria to be used in lending skills training;
(b) forms to be used and the information to be completed in respect of any application under this Act, and for other purposes under this Act;
(c) the procedure to be followed and fees or charges to be levied in respect of any application under this Act;
(d) forms in accordance therewith a register or other records shall be kept or maintained under this Act and entries made in the register and records;
(e) the fees or other charges to be imposed in respect of anything done under this Act, other than an application under this Act;
(f) the methods of appointment, and the terms and conditions of service, officers and servants-servants Corporation;
(g) the payment of remuneration and other benefits to officers and servants of the Corporation;
(h) the terms and conditions and procedures for the granting of loans or advances to any officers or servants of the Corporation including, if the loan is for the purpose of purchasing or married or releasing any burden over a House, provided that the House including the land became its site shall be digadaikan or diserahhakkan to the Corporation as security for the loan;
(i) the payment of allowances and other benefits to the members of the Board and the Committee;
(j) any other matters that are required to be prescribed under this Act; and (k) such other matters as may be deemed expedient or necessary by the Corporation for the purposes of this Act.
52 laws of Malaysia ACT 640 Amendment 93 Schedule. The Minister may from time to time amend the Schedule by order published in the Gazette.
Things done in anticipation of the making of this Act 94. All things done by any person or authority on behalf of the Corporation in providing and towards the implementation of that should any of the provisions of this Act, and any expenses incurred in connection therewith, in anticipation of the making of this Act shall be deemed to have been authorized by this Act, and all rights acquired or obligations incurred on behalf of the Corporation from any such shall be done when this Act comes into force are deemed to be rights and obligations of the Corporation.
Disposal of documents after more than three years 95. (1) the Chief Executive may allow any paper based documents belonging to the Corporation, be copied to on the electronic medium in a way that will ensure that an accurate image of the document can be viewed, reproduced and copied.
(2) If a document based paper has instant is in accordance with subsection (1), the Chief Executive may allow the paper based document disposal after the expiration of three years from the manufacture of the electronic copy.
(3) a copy of the document stored on an electronic medium in accordance with subsection (1) shall be admissible as evidence of any fact stated in the copy in accordance with section 90A of the evidence Act 1950 [Act].
PART XIII TRANSITIONAL PROVISION and SAVING skills training provider Registration after commencement this Act 96. Any person or group of persons, which immediately before the appointed date, is to carry out skills training are eligible for loans from skills development Fund managed by the Skill Development Fund Fund 53 skills development under the Ministry in charge of human resources can continue to do so for a period of twelve months from the date specified, but for a term that the person or group of persons shall be , as soon as practicable, apply for registration under this Act.
Provision vesting date 97. (1) subject to this Act, the Minister may, from time to time, by order published in the Gazette, specify a date and vesting date at that date all Malaysian Government property and all rights or liabilities of the Government of Malaysia shall, by virtue of this Act, transferred to and vested in the Corporation without any conveyancing, assignment or transfer of title.
(2) every property vested by virtue of subsection (1) in the Corporation shall be vested in the Corporation for title, estate or the same interest and holding the same as the property is vested or held immediately before the vesting date date.
(3) every right or liability vested pursuant to subsection (1) on the Corporation may, on and after the date of the vesting date, be sued, being recovered or enforced by the Corporation in his own name and it shall not be necessary for the Corporation, Government, or any person on behalf of the Government of Malaysia or the Corporation gives notice to the person bound by the rights or liabilities will be vesting provisions made pursuant to subsection (1).
(4) any legal proceedings pending by or against the Government or any Government officer in relation to any property, rights or liabilities transferred to and vested in the Corporation pursuant to subsection (1) may, on and after the date of the vesting date, be continued by or against the Corporation.
(5) in the case of rights or liabilities arising under any loan which is vested in the Corporation at the date of vesting provisions that, the Corporation may enter into any arrangement or agreement on rights and liabilities of the Government of Malaysia or of any third party.
54 laws of Malaysia ACT 640

(6) on and after the vesting date, any arrangement or agreement relating to any property, rights and liabilities transferred to and vested in the Corporation under subsection (1) to which the Government, or any government official is a party immediately before the date of vesting provisions, whether in writing or not, and whether or not rights and liabilities type of sedemikiannya under the arrangement or agreement is assignable by the Government , or such officer shall have effect as if the Corporation becomes a party to the agreement or arrangement.
Take the work of government employees to 98. (1) the Corporation shall, on the appointed date, accept into its employment every public officer who immediately before that date are in employment Skills Development Fund Division of the Ministry in charge of human resources and was given the option by the Malaysian Government and chose to serve as an employee of the Corporation.
(2) every such person who opts under subsection (1) to serve as an employee 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.
(3) up to the terms and conditions of service of its employees is determined by the Corporation, the scheme and terms and conditions of service of the employees of the Government shall continue to apply to every person employed by the Corporation under subsection (1).
(4) the Minister may by order make such modifications as are necessary to the scheme and terms and conditions referred to in subsection (3) for the purpose of removing any inconvenience arising from the provisions of that subsection.
(5) If any person who has been chosen to serve as an employee of the Corporation dies while in the service of the Corporation or retired or discharged from the service are not eligible for any pension or other retirement schemes as a result of the election, the Corporation may give him or any person incurred in full or in part by that person, as the Corporation thinks fit, any allowance or gratuity as determined by the Corporation.
Skills Development Fund 55 TABLE [Subsection 16 (5)] Revocation and resignation 1. (1) the Minister may at any time revoke the appointment of any member or alternate member appointed by him without giving any reason for the revocation.
(2) any member or alternate member appointed by the Minister may resign his Office at any time by letter addressed to the Minister.
Vacation of Office 2. (1) the Office of a member of the Board appointed by the Minister to be empty — (a) if he dies;
(b) if there has been proved against him, or if he has been convicted of, a charge in respect of — (i) an offence involving fraud, dishonesty or moral turpitude;
(ii) an offence under any law relating to corruption; or (iii) any other offence punishable with incarceration (imprisonment only, or in addition to a penalty or in lieu of a fine) for more than two years;
(c) if his actions, whether related to his duties as Deputy Chairman or member of the Board or otherwise, is such a way up to discredit the Board;
(d) if he becomes bankrupt;
(e) if he is of unsound mind or otherwise is unable to meet its obligations; or (f) in the case of the Chairman, if he fails to attend three consecutive meetings of the Board without reasonable cause or without permission in writing from the Minister.
(2) the provisions of subparagraph (1) in addition to subsubperenggan (f) h.e. daklah apply mutatis mutandis for an alternate member.
Meeting 3. (1) the Board shall meet to implement its conduct at least three months at a time and served as the Chairman from time to time.
56 laws of Malaysia ACT 640 (2) At any meeting of the Board, five members shall constitute a quorum.
(3) the Chairman of the Board shall preside at all meetings of the Board.
(4) Notwithstanding subparagraph (3), if for any reason the Chairman is unable to attend a meeting of the Board, Deputy Chairman shall exercise the powers of the Chairman in the absence of the Chairman.
(5) if the Chairman and Deputy Chairman are both unable to attend a Board meeting, Board members available shall appoint one of them to be the Chairman for the meeting and those who selected shall have all the powers of the Chairman for the purpose and duration of the meeting.
(6) where on any question to be determined by the Board there are a number of votes equal, then the Chairman shall have a casting vote in addition to the votes normally.
The Board may invite others to attend tnesyuarat 4. (1) the Board may invite any person to attend any meeting or deliberation of the Board for the purpose of advising it on any matter under discussion, but any person so attending shall have no right to vote at the meeting or the penimbangtelitian.
(2) any person invited under subparagraph (1) shall be paid such allowance as determined by the Board.
Minute 5. (1) the Board shall cause minutes of all meetings of the Board maintained and stored in a proper form.
(2) any minutes made of a meeting of the Board shall, if duly signed, admissible in evidence in all legal proceedings without further proved.
(3) every meeting of the Board with respect to the proceedings in which the minitnya has been so made shall be deemed to have been duly convened and held and all members at a meeting duly qualified to act.
Disclosure of interest 6. (1) a member of the Board, directly or indirectly, by himself or through his partner, has — (a) an interest in a company or enterprise which the Corporation proposes to make a contract; Skills Development Fund or 57 (b) an interest in a contract or matter under discussion by the Board, shall disclose to the Board the fact of interest and the type of interest.
(2) a disclosure under subparagraph (1) shall be recorded in the minutes of the Board and the Member cannot participate in the penimbangtelitian or the Board's decision in relation to the contract or that matter.
Validity of acts and presiding 7. No action done or proceeding taken under this Act may be questioned on the ground that — (a) any vacancy in the membership of, or any defect in the establishment of, the Board;
(b) any breach by any member of the Board concerning the provisions of paragraph 6; or (c) there is any omission, defect or ketidakaturan that are not touching the merits of it.
Procedure 8. Subject to this Act, the Board may determine its own procedure.
58 laws of Malaysia ACT 640 laws of MALAYSIA Act 640 SKILLS DEVELOPMENT FUND ACT 2004 LIST AMENDMENT law short title force amend from – no – Skills Development Fund 59 laws of MALAYSIA Act 640 SKILLS DEVELOPMENT FUND ACT 2004 LIST SECTION AMENDED Section Power amend with effect from – THERE are –