Laws of Malaysia Act Reprinting 652 national skills development Act 2006 Contains all amendments to 1 July 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 652 national skills development Act 2006 the date of Royal Assent.................. 15 June 006 date of publication in the Gazette............ 9 June 006 national skills development laws of Malaysia Act 652 national skills development Act 2006 arrangement of sections part i preliminary section 1. short title and commencement. interpretation part ii national skills development Council. Formation of the Council 4. The functions of the Council 5. membership of the Council 6. Deputy Chairman of the 7. Secretary 8. the Committee 9. Appointment, reappointment, revocation and resignation of 10. Members should devote time to the Council 11. Vacation of Office 1. 1st meeting. the Council may invite others to attend meetings 14. Remuneration or allowance 15. minutes 16. setting the 4 laws of Malaysia Act 652 part iii appointment of Officers section 17. Appointment of officers 18. Delegation of powers 19. power of Minister to give directions part iV National Occupational skills StanDarD of 0. The establishment of Standard 1. review and changes to Standard. The use of the National Occupational Standards Part V Commissioning. criteria for accreditation 4. Application for accreditation 5. power to approve or reject 6. Certificate of commissioning 7. Application for renewal of accreditation 8. the authority to impose conditions 9. Suspension or revocation of certificate of commissioning 0. notice of suspension or revocation of certificate of commissioning part Vi appeals 1. appeal. Minister's power on appeal. decision of the Minister on national skills development appeal 5 part Vii Certificate and recognition of Sekseyn 4. The award of Certificate 5. the requirements that must be met before Certificate can be awarded 6. Other skills qualifications recognition part Viii Inspection skills training Providers 7. Inspector 8. Inspection must be made from time to time 9. the authority to examine training provider skills part iX Enforcement and investigations 40. Enforcement officers 41. powers of enforcement officers 4. powers of inspection 4. Production of documents, etc. 44. The seizure of documents, etc. 45. a search warrant Application 46. the power of the magistrate to issue a search warrant 47. power to enter premises without a warrant or notice 48. Search and seizure without a warrant 49. power to avoid 50. Production of 51 power card. There are no rights over the cost of the proceeding, loss or other relief, etc.
Part X offences and penalties 5. Trainee intake without certificate of accreditation 5. prohibition of advertising, etc. 54. the control of advertising 6 laws of Malaysia Act 652 55. offences and penalties in relation to certification 56. Penalty for breach of conditions of 57. offences and penalties in relation to an application made under the Act 58. offences and penalties in relation to a certificate commissioning 59. offences relating to inspections, enforcement and investigation of 60. General penalty 61. Penalties in the case of offences continued 6. offences by body corporate, etc. 6. the responsibility of the provider of skills training for the offence committed by members of the Board of Directors, officer, employee or agent of 64. Compounding of offences 65. An initial prosecution 66. Part Xi general presumption 67. Recognition of Certificate 68. Public servants 69. Protection from legal action and legal proceedings 70. Express 71. obligations of confidentiality 7. the power to make regulations 7. Minister's power to exclude part Xii Transitional and saving Provision 74. Commissioning of the skills training programme after the commencement of this Act national skills development section 7 an act to promote, through skills training, development and improvement of the ability of a person, which is needed for career; and to provide for other matters connected therewith.
[1 September 2006, P.U. (B) 233/2006] enacted by the Parliament of malaysia as follows: part i preliminary short title and commencement 1. (1) this Act may be cited as the national skills development Act 006.
() this Act come into force on such date as the Minister may, by notification in the Gazette and the Minister may set different dates for the commencement of different provisions in this Act.
Laws of Malaysia Act 652 national skills development Act 2006 8 laws of Malaysia Act 652 interpretation 2. In this Act, unless the context otherwise requires — "advertisement" means any release, circulars, notices or any oral or written communications, whether broadcast through electronic intermediaries or any other media, or any of the above exhibits any signs or buildings, structures or other equipment, or any form of electronic communication to the public for the purpose of promoting a training provider or skills training programs;
"industry" means any economic activity, including agriculture, manufacturing and services;
"Inspector" means any public officer appointed under section 7 to perform such duties duties related to examination and verification;
"skills" means an ability acquired and practiced to carry out a task or work efficiently;
"Director General" means any public officer appointed as Director General of skills development under section 17;
"curriculum" means the content is organized by a program of research that has been done by a training provider skills showing the activities undertaken, the time allotted to each activity, and turutannya;
"skills training" means a work-based activities and industry-oriented aims to provide knowledge, skills and attitudes required for the performance of a task or work effectively and efficiently, and includes refresher training, extension, updating and specifically related to work;
"Council" means the national skills development Council established under section;
National skills development 9 "Minister" means the Minister charged with the responsibility for human resources;
"enforcement officers" means any public officer appointed under section 40 for the performance of its duties relating to enforcement and investigation;
"trainee" means a person receiving skills training provided by a training provider skills;
"instructor" means a person who is responsible for training skills and for guiding, supervising and assessing the ability of trainees to assimilate aspects of a person's theoretical and practical training is;
"accreditation" means a procedure in which the Director-General to evaluate and approve a programme of skills training;
"skills training provider" means a body corporate, organization or other group of persons who conduct skills training programme that its main purpose is to meet the requirements of the relevant Standards;
"public service" means the public service under article 1 (1) of the Constitution;
"premises" means any building or other place used for training, accommodation and other facilities for trainees and staff skills training providers or accredited Center but does not include any land which he lives;
"certified program" means a training program approved by the Director General;
"training program" means a group training activities and evaluation, and outcomes for a particular job;
"accredited Centre" means a provider of skills training that has been authorized by the Director General to undertake an accredited programme up to the award of a certificate;
10 laws of Malaysia Act 652 "certificate" means a skills qualification awarded to a person by the Director General under section 4;
"accreditation certificate" means a certificate awarded to training providers skills to run an accredited program;
"The Malaysian skills Certification System" means the policy, Standard mechanisms and procedures involved in the award of a certificate by the Director General;
"Standard" means the National Occupational Standards established under part iV of this Act;
"due date" means the date specified by the Minister under subsection 1 ().
Part ii national skills development Council the establishment of the Council 3. A body in the name of national skills development Council was established.
The Functions Of The Council 4. (1) the functions of the Council are — (a) approval of the Standard;
(b) advise the Minister on matters relating to this Act;
(c) advise the Minister on any matter referred to it by the Minister; and (d) to perform such other functions as may be prescribed in this Act.
National skills development 11 membership of the Council 5. (1) the Council shall consist of the following members appointed by the Minister: (a) a Chairman;
(b) the Director General; and (c) nine members where — (i) a member representing the economic planning unit in the Prime Minister's Department;
(ii) one Member representing the Department of the public service;

(iii) one Member representing the Ministry responsible for education;
(iv) one Member representing the Ministry in charge of higher education;
(v) one Member representing the Ministry in charge of human resources;
(vi) a member representing the Ministry responsible for youth and sports;
(vii) a member representing the Ministry which is responsible for the development of entrepreneurs;
(viii) a member representing the Ministry in charge of agriculture; and (ix) a member representing the Ministry responsible for public works; and (d) ten members of which — (i) six members representing the private sector;
(ii) one Member representing the private provider of skills training;
(iii) one Member representing women's organisations; and (iv) two members who have, in the opinion of the Minister, special knowledge or experience in skills training.
1 laws of Malaysia Act 652 () the Minister shall, in making appointment under paragraph (1) (d) take into account the interests of the Group and the organization with respect to skills training and shall elect the person that in its opinion may contribute effectively to the functions of the Council.
() the Minister may in respect of each member appointed under paragraph (1) (c) and (1) (d) appoint any person to be an alternate member to attend meetings of the Council replace the Member when the Member cannot be present without any reason.
(4) when attending meetings of the Council to replace members, one alternate member shall be deemed to be a member of the Council.
Deputy Chairman 6. (1) the Minister shall appoint a Deputy Chairman from among the members of the Council.
() the Deputy Chairman shall, during the absence of the Chairman at any meeting, preside at that meeting.
Secretary 7. the Director-General shall appoint a public officer of the Department who is responsible for the development of skills to be Secretary to the Council.
The Committee 8. (1) the Council may establish such committees as it considers necessary or expedient to assist it in the performance of its functions under this Act.
() a member of a Committee established under subsection (1) may be appointed from among the members of the Council.
() The Chairman of a Committee established under subsection (1), be appointed by the Council from amongst its members.
National skills development 1 (4) a Committee established under subsection (1) may invite any person to attend any meeting of a Committee for the purpose of advising it on any matter under discussion.
(5) members of a Committee and any person invited under subsection (4) may be paid such allowance as determined by the Council with the approval of the Minister.
Appointment, reappointment, revocation and resignation of 9. (1) subject to any conditions specified in the instrument of appointment, the Chairman appointed under paragraph 5 (1) (a) and every Member of the Council appointed under paragraph 5 (1) (d) shall hold office for a term not exceeding three years.
() the Minister may appoint any member of the Council for a period of three years.
() The appointment of any member of the Council may at any time be revoked by the Minister without assigning any reason for the revocation.
(4) a member of the Council may at any time resign his Office by giving notice in writing addressed to the Minister.
Members should devote time to the Council 10. every Member of the Council should devote time to the business of the Council as may be necessary to meet their obligations effectively.
Vacation of Office 11. Office of a member of the Council shall be vacated: (a) if he dies;
14 laws of Malaysia Act 652 (b) if it has been proved against him, or 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 imprisonment (whether imprisonment only, or in addition to or in lieu of a fine) for more than two years;
(c) if his actions, whether in connection with his duties as a member of the Council or otherwise, that with such that have defame Council;
(d) if he becomes a bankrupt;
(e) if he is of unsound mind or otherwise unable to meet its obligations;
(f) if he resigns; or (g) if he fails to attend three consecutive meetings of the Council without the permission of the Chairman, or in the case of the Chairman and Deputy Chairman, without the permission of the Minister.
Meeting 12. (1) the Council shall meet as often as not expired more than three months between meetings.
() In the absence of the Chairman and Deputy Chairman, the members present at the meeting shall elect one member among the members present to chair the meeting.
() a quorum of the Council is twelve people.
(4) where on any question to be determined by the Council there are a number of votes equal, Chairman, Deputy Chairman or member if he who chaired the national skills development 15 meeting, shall have a casting vote in addition to the vote in its deliberations.
The Council may invite others to attend meetings 13. the Council may invite any person to attend any meeting of the Council for the purpose of helping or advising it on any matter under discussion, but any person who is not entitled to vote at the meeting.
remuneration or allowance 14. members of the Council and any other person invited to attend a meeting of the Council may be paid such remuneration or allowance as determined by the Minister, after consultation with the Minister of finance.
Minute 15. (1) the Secretary shall cause minutes of all meetings of Council, maintained and stored in a proper form.
() any minutes made of a meeting of the Council shall, if duly signed, is admissible as evidence in any legal proceedings without further proof.
() every meeting of the Council with respect to the proceedings thereon: such has been made shall be deemed to have been duly convened and held and all members at the meeting entitled to act accordingly.
procedure 16. subject to this Act, the Council shall determine its own procedure.
16 laws of Malaysia Act 652 part iii appointment of Officers appointment of officers 17. (1) the yang di-Pertuan agong on the advice of the Minister, shall appoint a public officer to be the Director General of skills development for purposes of the exercise of the powers, perform the functions and obligations given to the Director General under this Act.
() without prejudice to the generality of the provisions of subsection (1) upon the powers, functions and duties, the Director-General shall be responsible for — (a) commissioning skills training programme; and (b) the Administration and control of the Malaysian skills Certification System.
() the Director General shall have an official seal for confirmation of documents required for the purposes of the exercise of the powers, perform functions and meet their obligations under this Act.
(4) the yang di-Pertuan agong on the advice of the Minister, may appoint a public officer to be the Deputy Director skills development, as may be necessary for the purposes of this Act.
(5) the Minister may appoint a public officer as the Director, Deputy Director, Chief Assistant Director, Senior Assistant Director and Assistant Directors and other officers as may be necessary for the purposes of this Act.
(6) If for any reason the Director-General was unable to carry out its powers, its functions or meet its obligations, that power should be taken over and may be carried out, its functions are exercised and duties fulfilled by the Deputy Director-General.
National skills development 17 Delegation authority 18. (1) the Director may, in writing, delegate any of its powers or functions under this Act, except the power of delegation is, subject to any conditions, limitations or restrictions as he may deem fit, to any public officers and public servants 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 it under this Act.
() A delegation made under this section shall not preclude the Director-General itself from discharging or carrying out functions or powers so delegated.
power of Minister to give directions 19. the Minister may, from time to time, give directions to the Director General, in accordance with the provisions of this Act and the Director-General shall, as soon as possible, implement all such instructions.
Part iV National Occupational skills Standards establishment of standard 20. (1) the Director General shall be responsible for establishing Standards for the purpose of occupational skills Standards.
() the Director General may, at his discretion, authorize any person, organisation or other group of people to develop national occupational Standards for him.

() S e m u a S t a n d a r d y a n g d i b a n g u n k a n d i b a w a h subsection (1) and (), shall be the property of the Government.
18 laws of Malaysia Act 652 (4) S e m u a S t a n d a r d y a n g d i b a n g u n k a n d i b a w a h subsection (1) and (), must be submitted to the Council for approval. (5) upon approval by the Council under subsection (4), the Standard shall form part of the National Occupational Standards.
review and changes to standard 21. (1) the Director General may from time to time to review the National Occupational skills Standards according to the requirements of the jobs associated with it and can change any Standard it is.
() any changes to any part of the National Occupational skills Standards shall be submitted to the Council for approval.
The use of the National Occupational skills standard 22. (1) the National Occupational skills Standards should be used to develop the national curriculum for skills training programmes.
() for the purpose of training skills, all commissioned programmes shall comply with the National Occupational Standards.
() National Occupational skills Standards should be used as a measure of efficiency that led to the award of a certificate.
(4) National Occupational Standards can be used in any other manner as may be deemed fit by the Director General.
National skills development 19 part V Accreditation criteria for certification by 23. any skills training providers must apply to the Director General for approval of training programs on her skills as a certified program and must meet the following criteria: (a) it has a training curriculum which is able to provide training and assessment skills to meet the needs of the National Occupational Standards that are relevant;
(b) it has, or has access to premises, training facilities or technology for the purpose of providing skills training and evaluation in order to meet the requirements of the relevant standards;
(c) it has employees or, have access to a qualified instructor and skilled and able to provide training and assessment skills to meet the needs of the National Occupational Standards; and (d) it may meet the quality assurance policies and procedures established by the Director General.
Application for commissioning 24. (1) applications from any provider of skills training for commissioning training programmes shall be made to the Director General in accordance with such form and manner as may be prescribed by the Minister in regulations.
() Each application shall be accompanied by such documents, information and fees as may be prescribed by the Minister.
() At any time after receipt of the application and accreditation prior to ordain, the Director-General may, by notice in writing require skills training providers to provide documents and additional information within the period specified.
0 the laws of Malaysia Act 652 (4) if the documents and information required under subsection () is not provided by a training provider skills in the specified period or any extended period, as permitted by the Director General, the application shall be deemed to have been withdrawn and did not continue, but a new application can be made by skills training providers.
(5) the Director General or any officer of the Department who is responsible for the development of skills should be at any reasonable time inspect premises skills training provider to verify the validity of the application.
power to approve or reject 25. After the application be considered under subsection 4 (1), the Director-General may — (a) approve the application and issue a certificate of accreditation to training providers skills for a period of three years; or (b) refuse the application, stating the reasons for the rejection.
accreditation certificate 26. (1) certificate of accreditation shall specify the assigned premises program will be carried out.
() The skills training Providers shall cause a copy of the certificate of accreditation displayed in a conspicuous place at the premises specified in the certificate of accreditation.
() upon termination to provide skills training for programmes commissioned, the skills training providers shall deliver a certificate of accreditation to the Director General within three months from the date of the termination.
Application for renewal of accreditation of 27. (1) an application for renewal of accreditation shall be made to the Director General at least three months, but not more than six months, before the expiry of the national skills development 1 pentauliahannya and any such application shall be accompanied by such documents, information and fees as prescribed by the Minister.
() Upon application for renewal of accreditation are considered, the Director General may — (a) approve the application and issue a certificate of accreditation to training providers skills for an extended period for three years; or (b) refuse the application, stating the reasons for the rejection.
the authority to impose conditions 28. the Director-General may, at the time or after the award of a certificate of competency under section 5 or 7, impose such conditions if it deems it necessary or expedient and may alter, amend or cancel any conditions or to impose new or additional terms from time to time.
Suspension or revocation of accreditation certificate 29. (1) the Director General may, at any time, suspend or cancel a certificate of accreditation has been awarded to training providers skills under paragraph 5 (a) or 7 () (a) — (a) If a provider of skills training has failed to maintain the standards and quality required;
(b) If a provider of skills training has violated any of the conditions attached to the certificate of accreditation; or (c) any other reasonable reasons.
() A written notice of the intention to suspend or cancel a certificate of accreditation shall be communicated to the provider of skills training and the notice shall specify the reasons for the suspension or cancellation.
Laws of Malaysia Act 652 notice of suspension or cancellation of a certificate commissioning 30. the Director-General shall cause to be the facts published in the local daily newspaper or electronic media, for the information of the public with respect to the suspension or revocation of certificate of commissioning any skills training providers.
Part Vi Appeals Appeal 31. any person aggrieved by — (a) the refusal of the Director General under paragraph 5 (b) to issue a certificate of accreditation;
(b) the refusal by the Director General under paragraph 7 () (b) to issue a renewal of accreditation; or (c) the suspension or revocation of a certificate of competency under section 9, may appeal in writing to the Minister within thirty days from the date of the notice of refusal, suspension or cancellation of the skills training providers.
Minister's power on appeal 32. (1) the Minister on an appeal made to him under section 1, can confirm, revoke or vary the decision of the Director General.
() the Minister shall notify its decision in subsection (1) in writing to the Director General and the person making the appeal.
decision of the Minister on appeals 33. decision of the Minister on an appeal shall be final.
National skills development Division Vii certificates and Recognition Award certificate 34. the Director-General may be awarded to any person when the standards with skill the following: (a) the Malaysian skills Certificate;
(b) Diploma kemahiran malaysia;
(c) Advanced Diploma kemahiran malaysia; or (d) statement of achievement.
the requirements that must be met before certificate can be awarded 35. No person shall be awarded unless he meet the requirements set by the Malaysian skills Certification System.
Recognition of qualifications other skills 36. (1) the Council may give recognition to any skill qualifications issued by any body or organization within and outside malaysia as equivalent to the certificate awarded under section 4.
() for the purpose of recognition under subsection (1), the Council may establish a Committee evaluation and recognition to advise and make recommendations to the Council on matters relating to the recognition of that.
Part Viii Inspections Inspector skills training provider 37. for the purposes of this Act, the Director-General may appoint any officer of the Department in charge of the 4 laws of Malaysia Act 652 skills development as an inspector to carry out the duty of inspection and verification under this Act.
Inspection must be made from time to time 38. Inspector shall, from time to time, examine the skills training provider 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 39 skills training providers. for the purposes of inspection or verification under this Act, an inspector may —

(a) enter at any time any premises or any part of the premises owned or used, either on a regular basis or otherwise, by a provider of skills training for the purpose of providing skills training for the programme was commissioned;
(b) inspect any books, minutes book, register, documents, financial statements, material or other articles in the physical form or in electronic intermediaries may deem necessary;
(c) make copies of or take extracts from any books, minutes book, register, documents, financial statements, material or other articles in the physical form or in electronic intermediaries who inspected under paragraph (b); and (d) require any person, as a member of the Board of Directors, a Chief Executive, employee or a trainee training providers the skills, to produce for its inspection of any books, minutes book, register, documents, financial statements, material or other articles in the form of physical or electronic medium, which is in its possession or custody of such person or under his control or in his power to give in respect of — (i) the management of skills training providers; or (ii) skills training carried out by the training provider the skills.
National skills development 5 part iX enforcement and investigation enforcement officers 40. for the purposes of this Act, the Director-General may appoint any officer of the Department who is responsible for skills development or any public officer authorized in writing by the Director General as enforcement officers to perform such duties relating to the enforcement and investigations under this act as set out in the authorisation.
powers of enforcement officers 41. Someone enforcement officers shall have all the powers necessary to — (a) investigate any offence under this Act;
(b) carrying out any investigation under this Act; or (c) enforce any of the provisions under this Act.
the power of making inspections 42. (1) an enforcement officers may, by notice in writing, require any person who knows about the facts and circumstances of a case to attend before it and to be examined orally and shall change into writing any statement made by the person examined.
() any statement made by any person under this section is admissible as evidence in any proceedings in the Court under this Act against the person or against any other person.
6 laws of Malaysia Act 652 production of documents, etc.
43. in carrying out an investigation or inspection under this section enforcement officers may — (a) require any person to produce to him any books, books of hours, express, financial statements, documents, materials or other goods in the form of physical or electronic medium; and (b) examine, make copies, take extracts from, remove and detain any book, minutes book, register, documents, financial statements, material or other articles in the form of physical or electronic medium.
Seizure of documents, etc.
44. If an enforcement officers conducting an investigation under this Act has reason to believe that an offence has been committed against this Act, he may seize any books, minutes book, register, documents, financial statements, material or other articles in the form of physical or electronic intermediaries submitted under section 4 and any books, minutes book, register, documents, financial statements , materials or other items shall be admissible in evidence in any proceedings in the Court under this Act against the person or against any other person.
A search warrant application 45. If an enforcement officers have reasonable cause to believe that any premises has been used, is being used or to be used for, or there is in any premises, the evidence needed to prove the Commission of an offence under this Act, he may apply for a search warrant to a magistrate by information upon oath written way.
the power of the Magistrate to issue a search warrant 46. If the magistrate is satisfied that the existence of conduct offence under any provision of this Act, he may issue a search warrant that allows enforcement officers, 7 national skills development at any reasonable time either day or night and with or without the help of — (a) to enter the premises, by force if necessary;
(b) to search and seize and take any books, minutes book, register, documents, financial statements, material, or other goods in the form of physical or electronic medium — (i) in respect of which an offence has been committed;
(ii) in respect of which an offence suspected to have been committed; or (iii) reasonably believed could serve as evidence of the Commission of the offence;
(c) break open any door or gate in the premises or any fences, blockades, gates or other barriers to the premises, so that can enter into it;
(d) remove by force any barriers to entry, search, seizure or removal which he has power to do; or (e) detain every person residing in the premises until the completion of the premises searched.
power to enter premises without a warrant or notice 47. Someone enforcement officers shall, for the purpose of ensuring whether the provisions of this Act or any regulations made under this Act or the terms and conditions of any registration or accreditation under this Act are adhered to, have the power without warrant or notice at all reasonable time to enter into the premises of any provider of skills training where the skills training and make investigations or inspections deemed necessary for that purpose.
8 laws of Malaysia Act 652 Search and seizure without a warrant 48. If an enforcement officers have reason to believe that, due to the delay to obtain a search warrant under section 46 — (a) the investigation will be affected;
(b) the purpose of the entry is likely to be blocked;
(c) books, the minutes book, register, documents, financial statements, material or other articles which sought may be moved or tampered with; or (d) the information sought may be interrupted or destroyed, he can run inside, and in respect of the premises, all the powers referred to in section 46 in fully and adequately as if he has been authorized to do so by a warrant issued under that section.
the power to prevent the 49. (1) where the enforcement officers had reasonable cause to believe that any program that was called running in any premises — (a) without specified in the certificate of accreditation under subsection 6 (1); or (b) in contravention of any conditions imposed by the Minister or Director General, enforcement officers can immediately take any measures it regards necessary or in any way prevent the premises.
() A skills training provider using the premises have dilak shall — (a) within twenty-one days from the avoidance of the accreditation certificate to the Director General; and (b) bear any cost incurred arising from such action.
National skills development 9 () Avoidance shall be opened if — (a) skills training providers that comply with the requirements of subsection (); or (b) a court order obtained against the skills training providers to cease from using the House, building, premises or that place, whichever is earlier.
(4) enforcement officers who perform actions under this section shall not be liable for any costs arising from action or damage to premises dilak under this section unless the damage is done willfully.
(5) any act done under this section in respect of the premises shall not prevent prosecution against any skills training provider that uses the premise that contrary to this Act.
Production of card power 50. (1) an inspector or enforcement officers when exercising any of its powers under this Act shall declare his Office and shall submit to the person against whom he is acting or whom he requires any such information, the card as directed by the Director-General brought by the officer.
(s) the powers specified in subsection (1) shall be issued by the Director General.
There are no rights over the cost of proceedings, damages or other relief, etc.
51. no person shall, in any proceedings before any court in respect of anything seized or detained in run or purporting to exercise any of the powers conferred under this section, be entitled to the costs of the proceedings or any damages or other relief, in addition to an order for the return of things seized 0 laws of Malaysia Act 652 or withheld payment based on its value, or unless the seizure or detention is made without reasonable cause or reasonable.
Part X offences and penalties trainees without certificate of accreditation

52. any person who takes trainees for a training programme that as the program was called without a valid accreditation certificate under section 6 shall be guilty of an offence under this Act and shall, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or both of each.
prohibition of advertising, etc.
53. (1) No person shall furnish or promote itself as a provider of skills training as a certified Center, whether through advertising, prospectuses, brochures or otherwise, unless the provider skill training had a skills training programme which commissioned under this Act.
() No person shall promote a skills training programme as a programme was commissioned, either through advertisements, prospectuses, brochures or otherwise, unless the skills training programmes have been commissioned under this Act.
() any person who contravenes subsection (1) and () commits an offence and shall, on conviction, to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.
advertising control 54. (1) if the Director General is of the view that any statement made in any advertisement relating to a training provider skills are false, untrue, offensive national skills development 1 feelings or misleading, the Director General may by notice in writing direct that the skills training provider do all or any of the following: (a) stop the publication or advertisement exhibition that is being pursued;
(b) modify the advertisement in such manner as may be determined by the Director General;
(c) stop the publication or exhibition of any ads that are wholly or partly is a repeat of the ad;
(d) take all practicable steps to withdraw the advertisement from every broadcast or cat; or (e) publish a statement in the manner as with ads previously released to withdraw or modify the ads.
() the Director General may modify, add to, alter alter, revoke or otherwise amend any direction issued under subsection (1), by notice in writing to the relevant skills training providers.
() any advertisement in connection with the skills training providers shall bear the approval number skills training provider registration and accreditation program.
(4) any person or skills training providers who contravenes the directions of the Director-General under subsection (1) commits an offence and shall, on conviction, to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.
offences and penalties in relation to certification 55. (1) any person who, or any of the institutions or skills training providers that issued or awarded to any person, or who has in his possession any false certificate in contrary to the provisions of this Act commits an offence and shall, on conviction, to a fine not exceeding twenty thousand dollars but the laws of Malaysia Act 652 not exceeding two hundred thousand ringgit or to imprisonment for a term not less than one year but not exceeding three years or to both.
() any other skills training provider accredited Center that issued or awarding any certification in compliance with the Standard that commits an offence under this Act and shall, on conviction, to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding five years or both.
Penalty for breach of conditions 56. A training provider skills who contravenes any condition imposed under section 8 commits an offence and shall, on conviction, to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding one year or to both.
offences and penalties in relation to applications made under Act 57. any person who, at the time of application for commissioning a skills training programme under this Act, makes any statement which he knows is false, or that he believes is untrue, or intentionally hide any material facts, or provide any information which is misleading in any material items commits an offence and shall, on conviction, to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding one year or to both.
offences and penalties in relation to a certificate commissioning 58. If — (a) a training provider skills failed to cause displayed a copy of the certificate of accreditation in accordance with subsection 6 (); National skills development or (b) a provider of skills training that has been halted from providing lat ihan skills failed to submit the accreditation certificate to the Director General in accordance with subsection 6 (), a provider of skills training is guilty of an offence and shall, on conviction, to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding one year or to both.
offences relating to inspections, enforcement and investigation 59. any person — (a) fails to produce any books, minutes book, register, documents, financial statements, material or other articles in the form of physical or electronic medium required by the inspector under section 9; or (b) that prevent or refuse to allow a person inspector under section 9 to — (i) enter any building or structural spaces including on it which is owned or used by, either on a regular basis or otherwise, or whether registered or not for use, by a training provider skills;
(ii) examine any books, minutes book, register, documents, financial statements, material or other articles in the form of physical or electronic medium, as it considers necessary;
(iii) move and hold any books, registers, documents, financial statements, material or other articles in the form of physical or electronic medium that in its opinion, can be used as evidence as to the Commission of an offence under this Act; and (iv) to require any person, as a member of the Board of Directors, a Chief Executive, a worker or a trainee training providers the skills, to submit for its inspection of any books, minutes book, register, documents, financial statements, materials or goods 4 laws of Malaysia Act another 652 in the form of physical or electronic medium that is in the possession or custody of such person or under his control or in its power to provide the management skills or training providers with respect to skills training conducted the skills by training providers.
(c) summoned under section 4 and without reasonable excuse, fails to attend at the time and at the place specified in the summons, or, once present, refuses to answer any questions posed to him in accordance with the law;
(d) fails to produce any books, minutes book, register, documents, financial statements, material or other articles in the form of physical or electronic medium required by enforcement officers under section 4;
(e) entering the premises dilak without reasonable grounds or written consent from enforcement officers;
(f) the transfer of any book, book of hours, express, documents, financial statements, material or other articles in the form of physical or electronic intermediaries from the premises without the consent in writing of dilak enforcement officers; or (g) the menggalang or prevent an enforcement officers while exercising any of its powers under section 41, 4, 4, or 47, guilty of an offence under this Act and shall, on conviction, to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding one year or to both.
General 60 penalty. any person who commits an offence under this Act or any regulations made under this Act that no penalty expressly provided for and shall, on conviction, to a fine not exceeding ten thousand ringgit.
National skills development 5 Penalties in the case of a continuing offence 61. any person who commits an offence under this Act shall, in the case of a continuing offence, on conviction, in addition to any other penalty that may be convicted thereon under this Act in respect of that offence, the daily fine not exceeding one thousand dollars for each day the offence continues after conviction.
offences by body corporate, etc.
62. If an offence under this Act has been committed by a body corporate, partnership or Association — (a) in the case of a body corporate, any person who is a Director, Manager, Secretary or other officer of the body corporate, or equivalent 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 (c) in the case of an association, every office bearer of the Association at the time of the Commission of the offence,

may be charged separately or in association in the proceedings the same body corporate, partnership or association and shall be deemed to have committed the offence unless he proves that it was committed without his knowledge or pembiarannya or that he took all reasonable precautions or that he had do all due diligence to prevent the offence from occurring.
skills training providers responsibility for offences committed by members of the Board of Directors, officer, employee or agent of 63. (1) where an offence against any provision of this Act has been committed by the person at the time the offence was committed — (a) a member of the Board of Directors;
6 laws of Malaysia Act 652 (b) an officer;
(c) an employee; or (d) an agent, skills training provider, then the skills training providers shall be deemed to have been also committed such offence.
() 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 skills training provider allegedly under subsection (1) if the skills training providers — (aa) proves that it was committed without the knowledge or the skills training provider pembiaran; or (ab) that the skills training providers — (i) take all reasonable precautions; and (ii) exercise all due diligence to prevent Commission of the offence as he ought to have been 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 64. (1) the Director General may, with the consent in writing of the Prosecutor, mengkompaunkan any offence committed by any person under section 55, 58, 59 or 60 of this Act or any regulations made under this Act that is designated as an offence that can be 7 national skills development is compounded by regulations made under this Act by making an offer in writing to the person who has committed such offence to mengkompaunkan them when paid to the Director General such amount money does not exceed 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 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 Director General, 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 to the Department responsible for the development of skills as may be prescribed by the Director General, subject to such terms and conditions as it thinks fit.
(4) All sums received by the Department responsible for skills development under this section shall be paid into and form part of the Federal Consolidated Fund.
An initial prosecution 65. Prosecution in respect of an offence under this Act shall not be instituted without the written permission of the public prosecutor.
66 presumption. 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 8 laws of Malaysia Act 652 (b) confusing in any case material, it shall be presumed until the contrary is proved that the applications, information, details, statement, account, records, documents or statements that are false or incorrect in whole or in part or misleading in any material thing, as the case may be, on the knowledge of the person signing, send or supply it.
Part Xi General Recognition Certificate 67. Certificate awarded under section 4 of this Act shall be considered for the purpose of entry work into the civil service, statutory body or local authority in the manner and procedures determined by the public services department.
68 public servants. every person appointed, or legitimately exercise a person appointed under this Act, shall be deemed to be public servants within the meaning of the Penal Code [Act 574].
Protection from legal action and legal proceedings 69. no action can be taken or prosecution can be brought, instituted or continued against the Director-General or to any government officials or any person acting under the direction of the Minister or the Director-General in any court for any thing done or omitted from committed under this Act — (a) in good faith;
National skills development 9 (b) with its reasonable to believe that the matter should be for the purposes intended to be served; or (c) to carry out the provisions of this Act.
Register 70. (1) the Director General shall keep or cause to be kept the register in such form and manner as may be prescribed with regard to — (a) all Standard approved by the Council under section 0;
(b) all certificate of accreditation issued under section 6 which contains all the details associated with a training provider accredited skills and programmes undertaken by them;
(c) all certificates awarded under section 4; and (d) any other records as may be deemed appropriate by the Director General.
() the public can make a search on the register by paying the fee prescribed.
Obligations of confidentiality of 71. (1) except for any of the purposes of this Act or for the purpose of any civil or criminal proceedings under any law, no Council Member, Member of a Committee, officers, servants or agents responsible for skills development may disclose any information which has been diperolehnya while performing his duties and who is not published in accordance with this Act.
() 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 one year or to both.
40 laws of Malaysia Act 652 power to make regulations 72. (1) the Minister may make regulations necessary or expedient to implement properly the provisions of this Act.
() without prejudice to the generality of subsection (1), regulations may be made to specify — (a) procedure, manner and form for accreditation and renewal of accreditation; (b) the procedures, methods and forms of assessment and recognition of skills qualifications; (c) procedure, manner and form for application for the test and the conferment of skills; (d) the fees and charges imposed in respect of any thing done under this Act; (e) the procedures to be followed in respect of advertising by skills training providers; (f) an offence that can be is compounded and the procedures for the compounding of offences; (g) procedures for suspension or revocation of certificate of accreditation; (h) procedure, manner and form of enforcement and investigation under this Act; or (i) any other matter necessary or expedient for the purposes of this Act.
() The regulations made under this section may provide that contravention of any provision in the regulations is guilty of an offence and shall, on conviction, to a fine not exceeding ten thousand dollars, or to imprisonment for a term not exceeding one year or to both.
Minister's power to exempt 73. (1) the Minister may, by order published in the Gazette exempt, subject to such conditions as he may deem fit to impose — (a) any registered provider of skills training appropriate under any law in force in respect of training skills;
National skills development 41 (b) any person or group of persons; or (c) any provider of skills training, from all or any provisions of this Act or any regulations made under this Act.
() the Minister may, at any time, by order published in the Gazette, revoke any order made under subsection (1) if he is satisfied that the exemption no longer should be given.
Part Xii transitional provision and saving Commissioning skills training programme after the commencement of this Act

74. any person or group of persons, which immediately before the appointed date, to carry out skills training can continue to do so within the period of twelve months from the date specified, but during that period the person or group of persons shall, as soon as practicable, apply for accreditation under this Act.
4 laws of Malaysia Act 652 laws of Malaysia Act 652 national skills development Act 2006 List Amendment law short title force amend from – there are no national skills development – 4 laws of Malaysia Act 652 national skills development Act 2006 amended Section List Section power amend with effect from – there are –