Malaysia Co-Operative Societies Commission Act 2007

Original Language Title: Malaysia Co-Operative Societies Commission Act 2007

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The cooperative Commission of Malaysia 1 laws of MALAYSIA Act REPRINTING 665 Co-operative Commission Act 2007 MALAYSIA As on 1 November 2012, PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 2012 2 laws of Malaysia Act Royal Assent Date 665...... July 18, 2007 date published in the Gazette and. .. July 19, 2007 the cooperative Commission of Malaysia 3 laws of MALAYSIA Act 665 Cooperative Commission of MALAYSIA ACT 2007 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title and commencement 2. Interpretation part II Chapter 1 establishment of the COMMISSION 3. The establishment of the Commission 4. The objective of the Commission 5. Provision vesting provisions 6. Seal 7. The power to appoint a representative 8. The power to set up offices and subsidiaries and appointed agents 9. The appointment of someone other than the officer or employee of 10. The Commission may establish committees Chapter 2 the Board of Directors 11. The tasks and composition of 12. Board by-laws 4 laws of Malaysia Act 665 13. The term of Office 14. The resignation of 15. Loss of eligibility and termination of Directors 16. Acts and proceedings of the Board are not affected by vacancy, etc.
17. The allowance or honorarium 18. Duties of Directors 19. Meeting 20. The Board may invite others to meetings 21. Disclosure of interest 22. Minutes of part III of the POWERS of the COMMISSION 23. The powers and functions of the Commission 24. Delegation of powers or functions of the Commission 25. Power of Minister to give directions and require information 26. Power to consult with the Shariah Advisory Council part IV PROVISIONS RELATING to OFFICERS and EMPLOYEES of the 27. Officers and employees of the Commission 28. Financial assistance to officers, employees and others 29. Application of Act statutory bodies (discipline and surcharge) 2000 30. Continuation and completion of disciplinary proceedings part V finance Chapter 1 31. 32 capital. General Reserve Fund Section of the cooperative Commission of Malaysia 5 33. Grant of annual Government 34. 35 operations Fund. Power to borrow or generate Fund 36. Power to lend 37. Investment chapter 2 accounts and reports 38. Requirements to keep the books, records, accounts, etc.
39. The requirements report 40. Financial year Chapter 3 Fund 41. Fund and account maintenance 42. Likuiditi Fund 43 Center. Deposit accounts the cooperative part VI investigation, SEARCH and SEIZURE 44. Application of this part 45. Appointment, powers, functions and duties of investigating officer 46. Powers to enter, search and seize 47. Inspection 48. Obstruction of the exercise of the power by the investigating officer 49. Requirements to provide translation of 50. The authority to examine people 51. A particular person in respect of which the power of investigation can be carried out 52. Assistance to police officers, public officials, etc.
53. The merger of the offence 54. Offence, an offence may arrest section 6 laws of Malaysia Act 665 part VII GENERAL Section 55. Specific offence 56. The Commission's power to compound offences 57. The obligation of the investigating officer to submit a person arrested to the police 58. Public servants 59. Public authorities Protection Act 1948 60. Immunity 61. Preservation of confidentiality 62. An initial prosecution 63. The power to make regulations of the cooperative Commission of Malaysia 7 laws of MALAYSIA Act 665 Cooperative Commission of MALAYSIA ACT 2007 an act to provide on the establishment of the cooperative Commission of Malaysia and for matters incidental and associated with it.
[January 1, 2008; P.u. (B) 464/2007] enacted by the Parliament of Malaysia as follows: part I preliminary short title and commencement 1. (1) this Act may be cited as the cooperative Commission of Malaysia Act 2007.
(2) of this Act come into force on such date as the Minister may, by notification in the Gazette and the Minister may prescribe different dates for start the currency of different provisions of this Act.
Interpretation 2. In this Act, unless the context otherwise requires — "Central Bank" means the Bank Negara Malaysia which was established under the Bank of Malaysia Act 1958 [Act 519];
8 laws of Malaysia Act 665 "security" includes a mortgage or charge, whether in law or equity, debentures, bills of Exchange, promissory note, guarantee, lien or pledge, either actual or constructive, letter hipotekasi, indemnity, undertaking, or other ways to guarantee a payment or debt relief or liability, whether currently or in the future, or whether vested or contingent;
"determined", if there is no way mentioned, means determined from time to time in writing;
"prescribed", if there is no way mentioned, means prescribed from time to time by order published in the Gazette;
"document" has the same meaning as defined under section 3 of the Act Evidence 1950 [Act];
"property" means any property, movable or immovable, and includes — (a) any right, title, interest, claim, right in the action, power or privilege, either currently or in the future, or whether vested or contingent, in relation to any property, or that otherwise has a value;
(b) any document pemindahhakkan executed for memindahhakkan, assign, allocate, submit, or otherwise transfer or dispose of the property if the person who completed the document pemindahhakkan is the proprietor or owner, or if in it he is entitled to a contingent right, either for the whole or part of the interest;
(c) any securities, including any stocks, shares, debentures, loan stocks, bonds, subscription rights or warrants are transferable;
(d) any negotiable instrument, including any bank notes, bearer notes, Treasury bills, dividend warrants, bills of Exchange, promissory note, cheque and certificate of deposit negotiable;
The cooperative Commission of Malaysia 9 (e) any mortgage or charge, whether in law or equity, guarantee, lien or pledge, either actual or constructive, hipotekasi letter or trust receipts, indemnity, undertaking or other means which secures payment or discharge of a debt or liability, whether currently or in the future, or whether vested or contingent; and (f) any other significant intangible assets or other;
"honorarium" means the part of the Commission audited net profit divided among some or all of the Board members in response to their services, which otherwise given remuneration;
"line of credit" means — (a) the granting of any advances, loans, trade credits or other facilities in whatever form or by whatever name the person to advances, loans, trade credits or other facilities have been given have access, directly or indirectly, to the money or property of the person who gave him;
(b) hire purchase, leasing, factoring and any transaction or transactions of its kind;
(c) the giving of a guarantee or the provision of any charge in respect of an obligation of any person; or (d) any transaction or any other transactions such as may be prescribed by the Commission;
"cooperatives" have the same meaning as defined under section 2 the co-operative Societies Act 1993 [Act 502];
"Board" means the Board of Directors of the Commission;
"The Shariah Advisory Council" means the Shariah Advisory Council established under section 16B (1) Bank of Malaysia Act 1958;
"Minister" means the Minister charged with the responsibility for the development of cooperatives;
10 laws of Malaysia Act 665 "Islamic financing" means the provision of any credit facilities according to Syariah approved by the Shariah Advisory Council and includes any transaction or such other transactions as may be prescribed by the Commission under section 63;
"Director" means a member of the Board;
"related corporation" means a corporation a subsidiary or associate of a cooperative or an associated corporation a subsidiary or subsidiaries of a cooperative;
"returns" includes any form of rental, gains, dividends or interest, including any fees or remuneration, payable or to be given in respect of any Islamic financing instruments;
"securities" has the same meaning as defined under section 2 of the Securities Commission Act 1993 [Act 498];
"subsidiary" has the same meaning as assigned to it under section 5 of the companies Act 1965 [Act 125];
"Commission" means the cooperative Commission of Malaysia which was established under section 3;
"share" has the same meaning as defined under section 4 of the companies Act 1965 or section 2 the co-operative Societies Act 1993, as the case may be;
"specified date" means the date of coming into operation of this Act.
Part II Chapter 1 establishment of COMMISSION establishment of Commission 3. (1) a body corporate by the name "Cooperative Commission of Malaysia" was established.
The cooperative Commission of Malaysia 11 (2) of the Commission shall have perpetual succession and a common seal, and may sue and be sued in the name of him.
(3) the Commission may, subject to and for the purposes of this Act, upon such terms as it deems fit, may — (a) enter into contracts; (b) acquire, purchase, take, hold and enjoy

movable and immovable in such a description; and (c) sell, transfer, assign, deliver, return, charge, charge, pledge, assign the mendemis, transfer, lease, rent, lease or otherwise dispose of, or managing any property, movable and immovable, or any other interests vested in the Commission.
the objective of the Commission 4. The objective of the Commission is to — (a) stimulate the development of cooperatives and the cooperative sector strong and organized according to the values and principles of cooperatives to contribute towards the achievement of the objectives of the national socio-economic;
(b) encourage financial operatives sector, progressive and sustainable; and (c) to maintain confidence in the cooperative movement.
provision vesting provisions 5. (1) subject to this Act, the Minister may, by order published in the Gazette, specify a date and vesting date at that date, all property, rights and liabilities — (a) the Government of Malaysia; (b) the Chief Registrar of Cooperatives for Malaysia under the co-operative Societies Act 1993; (c) the Registrar of the Association of Fishermen Association under the Act 1971 [Act 44]; and (d) the Registrar Farmers under the farmers ' 1973 [Act 109], 12 laws of Malaysia Act 665 (hereinafter in this section, the person referred to in paragraph (b), (c) and (d) are collectively referred to as "pemindah") relating to cooperative and as may be prescribed by the Minister in such order shall, by virtue of this Act, be transferred and vest in the Commission without any pemindahhakkan , penyerahakan or the transfer of ownership.
(2) every such powers, functions and duties pemindah shall, by virtue of this Act, be transferred and vested in the Commission.
(3) every property vested by virtue of subsection (1) on the Commission shall also act on a Commission just like title, estate or interest and in accordance with the period of ownership as such property vest or held immediately before the date of vesting provisions.
(4) every right in action, right or liability vested by virtue of subsection (1) on the Commission may, on and after the vesting date, claimed through the suit, obtained or enforced by the Commission in his own name and it shall not be necessary for the Commission, the Government of Malaysia or pemindah to give the notice — (a) to the person bound by the rights of action; or (b) to the right or its liability is affected by, vesting provisions effected under subsection (1).
(5) any legal proceedings pending by or against the Government of Malaysia or pemindah in relation to any property, rights or liabilities transferred or vested in the Commission by virtue of subsection (1) may, on and after the vesting date, be continued by or against the Commission: provided that no nothing in subsection 61 (1) may apply to the disclosure by the Commission of any record , books, registers, correspondence, any other document, material or information, in relation to the business and Affairs of the Commission to the Government of Malaysia with respect to this subsection.
The cooperative Commission of Malaysia 13 (6) in the case of rights and liabilities arising out of any loan that vest at the Commission on the date of vesting provisions, the Commission may make any agreement or arrangement on the rights or liabilities of the Government of Malaysia or of any other person.
(7) on and after the vesting date, any agreement, deed or other arrangement relating to any property, rights and liabilities transferred and vest in the Commission under subsection (1) that the Government of Malaysia or pemindah become a party immediately before the date of vesting provisions, whether in writing or not, and whether or not the rights and liabilities under this agreement , a deed or other arrangement, as the case may be, shall be assigned by the Government of Malaysia or pemindah shall have effect as if the Commission has become a party in any agreement, deed or other arrangements.
Seal 6. (1) the common seal of the Commission may from time to time be broken, changed, altered or made new as it deems fit by the Commission.
(2) until a seal is provided by the Commission, a stamp bearing the words "the cooperative Commission of Malaysia" may be used and shall be deemed to be the common seal of the Commission.
(3) the common seal shall be used with the permission of the Board and every instrument which seal affixed shall be signed by the Chairman of the Executive or any of the directors and shall be signed by the Secretary or reply a second Director or by some other person authorized by the Board and all deeds, documents and other instruments purporting to be sealed with the seal of the Corporation , authenticated as aforesaid, shall, until the contrary is proved, be deemed to have been validly executed: provided that any document or instrument which, if executed by a person not being a body corporate, it is not required to seal, 14 laws of Malaysia Act 665 can in the same way by the Commission, and any other document or instrument may be executed on behalf of the Commission by any officer or employee of the Commission authorized generally or specially by the Board on his behalf.
(4) the common seal shall be kept in the custody of the Secretary or any other person authorized by the Board.
(5) the common seal of the Commission shall be officially and judicially noticed.
The power to appoint the representatives of 7. The Commission may, by instrument under seal, appoint any person either in Malaysia or in a place outside Malaysia to be its representative, and the person appointed may, subject to the instrument, do any act or execute any powers or functions which he is authorised by the instrument to do or carry it out.
The power to set up offices and subsidiaries and appointed agents 8. (1) the Commission may establish an Office in Malaysia.
(2) the Commission may establish, in Malaysia, a subsidiary subject to the prior written approval of the Minister, and if the Minister provide for terms and conditions in the approval, the subsidiary shall have immunity Commission as provided in section 60 for the exercise of the powers, duties or functions on behalf of the Commission.
(3) the Commission may appoint and employ agents to manage, administer, carry on any business or do any act required to be carried out or made in the performance of its functions or to carry out well the purposes of this Act, the co-operative Societies Act 1993 and any other written laws enforced by the Commission.
The cooperative Commission of Malaysia 15 appointment of a person other than an officer or employee 9. The Commission may, either generally or in specific cases, appoint any person who is not an officer or employee of the Commission to serve as it may specify in the exercise of its powers, the performance of its functions or the discharge of its duties under this Act, the co-operative Societies Act 1993 and any other written law, or to carry out, exercise and perform the same thing on behalf of or in the name of the Commission.
The Commission may establish committees 9. (1) the Commission may establish such committees as it may deem necessary or expedient to assist it in carrying out its functions under this Act.
(2) the Commission may appoint any person to be a member of any Committee established under subsection (1).
(3) a Committee may choose any of its members to be Chairman and may regulate its own procedure, and in the exercise of its powers under this subsection, the Committee shall be subject to and act in accordance with any instructions given to the Committee by the Commission.
(4) meetings of a Committee shall be held at a time and place as determined by the Chairman of the Committee.
(5) a Committee may invite any person to attend any meeting of the Committee for the purpose of providing advice to him in respect of any matter under discussion but the person invited is not entitled to vote.
(6) a member of a Committee or any person invited to attend meetings of the Committee may be paid such allowances and other expenses as determined by the Commission.
16 laws of Malaysia Act 665 (7) of section 15 shall apply to members of a Committee appointed under this section by the same way as the provisions applicable to an independent Board.
Chapter 2 the tasks and composition of the Board of Directors 11. (1) the Commission shall have a Board of Directors which shall be responsible for general policy and administration Affairs and Affairs of the Commission.
(2) the Board may make decisions and perform all the powers and do all such acts which may be exercised or done by the Commission.
(3) the Board shall consist of the following: (a) a Chairman Executive Director appointed by the Yang di-Pertuan Agong;

(b) a Deputy Chairman of the Executive Director appointed by the Yang di-Pertuan Agong;
(c) the Governor or a Deputy Governor of Bank Negara Malaysia as may be nominated by the Governor;
(d) the Secretary-General of the Ministry charged with the responsibility for the development of cooperatives;
(e) the Secretary General or a Deputy Secretary General of the Ministry of finance as may be nominated by the Minister of finance;
(f) a Secretary General or a Deputy Secretary General of a Ministry as may be appointed by the Minister; and (g) six persons appointed by the Minister, at least two of whom shall be a person experienced in an upright position and the cooperative movement.
The cooperative Commission of Malaysia 17 (4) the Board shall entrust the Chairman of the Executive Administration of the day-to-day business and Affairs of the Commission.
(5) the Executive Chairman and the Deputy Chairman of the Executive should devote full time professional on the services of the Commission and while in Office cannot be held any positions or other jobs either disara or not.
(6) the Executive Chairman and the Deputy Chairman of the Executive shall be liable to answer and be liable to the Board in the exercise of their powers and duties, functions and their results.
(7) the Executive Chairman and the Deputy Chairman of the Executive shall be appointed subject to any terms and conditions contained in the letter of their respective appointments.
(8) If the Executive Chairman is unable to act because of ketakdayaan or for any other reason, the Deputy Executive Chairman shall exercise the powers and perform the duties, functions and responsibilities of the Executive Chairman during the period of the ketakdayaan including any powers or functions delegated to the Executive Chairman by the Board under section 24.
By-laws of the Board 12. (1) the Board may make such by-laws as may be necessary or expedient in connection with the Administration, management, control, managing the assets and Affairs of the Commission includes — (a) the functions, powers, duties, remuneration, allowance, honorarium, benefits and terms and conditions of service, code of conduct or a surcharge on the officers, employees, agents and consultants of the Commission;
(b) conflict of interest with respect to directors, officers and employees of the Commission;
(c) the appointment, terms of reference and activities of agents, consultants or Committee established by the Commission;
(d) the methods and procedures to be observed by the Board of Directors; or 18 laws of Malaysia Act 665 (e) such other matters as may be required to be provided under the by-laws in this Act.
(2) the by-laws made under this section shall be binding on all persons by-laws that apply and no person shall be convicted of an offence under this Act, unless the by-laws was conferred upon him or her know, or avoid to find out the by-laws provided.
The term of Office 13. (1) the Executive Chairman and the Deputy Chairman of the Executive shall each appointed for a term not exceeding five years and shall be eligible for re-election.
(2) the directors who held office as a member of the Board pursuant to paragraph 11 (3) (c), (d), (e) and (f) is a member of ex-officio members.
(3) subject to any conditions specified in the instrument of appointment term of Office a Director other than those provided for in subsection (1) and (2) shall be for a period not exceeding three years and shall be eligible for re-election.
the resignation of 14. Someone directors appointed under paragraph 11 (3) (g) may at any time resign his Office by notice in writing addressed to the Minister.
Loss of eligibility and termination of Directors 15. (1) No person shall be appointed, or remain as a Director who is an officer of a cooperative as defined under section 2 the co-operative Societies Act 1993.
The cooperative Commission of Malaysia 19 (2) the Minister may terminate or suspend the appointment of any Director if the Director — (a) resign his Office;
(b) cease to be of unsound mind or otherwise becomes unable to carry out its work;
(c) have been liable to pay any form of restriction or surveillance through bonds or otherwise, under any law relating to crime prevention, or preventive detention for the prevention of crime or drug trafficking, or limited residential, or banishment or immigration;
(d) become a bankrupt or commits an act of bankruptcy as provided for in the Bankruptcy Act 1967 [Act 360];
(e) has been charged with an offence a crime under any law punishable of imprisonment, whether the sentence of imprisonment only, or in lieu of, or in addition to, a fine, in any court within or outside Malaysia;
(f) the guilty for serious misconduct in relation to his duties under this Act; or (g) is not present, except for reasons of leave granted by the Minister in the case of Executive Chairman or the Chairman of the Executive in the case of all other directors, of two Board meetings in a row.
Acts and proceedings of the Board are not affected by vacancy, etc.
16. The Board may act notwithstanding any vacancy and the proceedings shall not be invalid by — (a) the absence of any Director;
(b) any defects then known in the appointment or qualification of any Director or the formation of the Board;
20 laws of Malaysia Act 665 (c) omission, defect or irregularity in the procurement or the conduct of a meeting; or (d) the presence or participation of a person who is not a Director.
allowance or honorarium 17. All Directors may be paid an allowance or honorarium as determined by the Minister.
Duties of Directors 18. (1) a Director shall, at all times, act honestly and in the best interest of the Commission and use wisdom in fulfilling the duties of his Office are reasonable.
(2) a Director or any person who was a Director may not — (a) using improper in any information obtained by reason of its position as a Director to gain, directly or indirectly, a benefit for himself or for any other person; or (b) commits, speak or publish anything which may harm the interests of the Commission.
Meeting 19. (1) Executive Chairman, or in his absence the Deputy Executive Chairman, shall convene a meeting of the Board as often as required but not less than six times a year.
(2) the quorum for Board meetings is five people, at least two of the directors shall consist of the Director referred to in paragraph 11 (3) (c), (d), (e) and (f).
The cooperative Commission of Malaysia 21 (3) Executive Chairman, or in his absence the Deputy Executive Chairman, shall preside at all meetings of the Board.
(4) the Board's decision shall be taken in votes more voice directors present and voting.
(5) in the circumstances of the same number of votes, the Chairman shall have a casting vote.
(6) a resolution in writing, signed by all the directors for the time being entitled to receive notice of a meeting of the Board, shall be valid and effective as if a resolution has been passed at a meeting of the Board duly convened and conducted and any such resolution may consist of several documents in a similar form, each signed by a Director or more.
(7) no nothing in this section shall prevent the Executive Chairman, or in his absence the Deputy Executive Chairman, rather than allow a Director to use live video, television network or communication or other multimedia facilities suitable to take part in any meeting of the Board if, prior to the meeting, the directors may, by notification to the Executive Chairman or Deputy Executive Chairman, as the case may be , was seeking the truth.
The Board may invite others to meetings 20. (1) the Board may invite any person to attend any meeting of the Board for the purpose of providing advice to him in respect of any matter under discussion but the person invited shall not be entitled to vote.
(2) such person invited to attend meetings of the Board may be paid such allowances or other expenses as determined by the Commission.
22 laws of Malaysia Act 665 disclosure of interest 21. (1) a Director or a member of a Committee, which already have or acquire, directly or indirectly, interests in relation to any matters discussed by the Board or Committee shall disclose to the Board or Committee, as the case may be, the existence 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, and after the disclosure, the Director or member of the Committee shall be — (a) cannot take part or are present in any deliberation or decision of the Board or Committee, as the case may be; and

(b) are not taken into account for the purpose of forming a quorum of the Board or Committee, as the case may be, in respect of the matter.
(3) no act or proceeding of the Board or Committee may be void by reason of any Board or Committee members in breach of the provisions of this section.
Minutes of 22. (1) the Board or Committee shall cause minutes of all meetings they maintained and kept in proper form.
(2) any minutes of meetings of the Board or any Committee established under section 10, if duly signed, shall, in any legal proceedings, be admissible as prima facie evidence on the facts referred to therein and every meeting of the Board or Committee in respect of proceedings: it was made shall be deemed to have been carried out and held and all members in the meeting is deemed to have been duly qualified to act.
The cooperative Commission of Malaysia 23 Part III POWER COMMISSION the powers and functions of the Commission 23. The Commission shall have all the powers, functions and duties entrusted to it under this Act, the co-operative Societies Act 1993 or any other written law, and without prejudice to the generality that prior to this, the Commission shall also have the following functions: (a) to promote and maintain the stability of the cooperative sector; (b) to be responsible for monitoring, supervising and regulating co-operatives and co-operative sector; (c) to encourage and promote the cooperative development and a strong cooperative sector and organized; (d) to preserve the cooperative values and principles; (e) to provide an appropriate environment for cooperatives to carry out its activities; (f) to register and cancel registration of cooperatives; (g) to act as trustee and for dealing with any Islamic financing scheme or a line of credit established by the Malaysian Government to cooperatives;
(h) to advise the Minister on all matters relating to cooperatives and the cooperative sector; and (i) to carry out any function under any other written law as determined by the Minister by notification published in the Gazette.
delegation of powers or functions of the Commission 24. (1) the Commission may, except the power to make subsidiary legislation, delegate any power or function under this Act, the co-operative Societies Act 1993 or any other written law to the Executive Chairman, the Deputy Chairman of the Executive or any Committee established under section 10.
24 laws of Malaysia Act 665 (2) any power or function delegated under this section — (a) may be delegated subject to such conditions or restrictions as may be imposed by the Commission either generally or specifically; and (b) shall be carried out by the Executive Chairman, the Deputy Chairman of the Executive Committee or in the name and on behalf of the Commission.
(3) a Delegation under this section shall not restrict the Commission from enforcing or carrying out duties or functions delegated it at any time.
(4) Executive Chairman may authorize and instruct any officer or employee of the Commission to exercise any power or perform any function delegated to Executive Chairman under subsection (1).
Power of Minister to give directions and require information 25. (1) the Minister may give directions of a General to the Commission that does not conflict with this Act in respect of the functions of the Commission and such instructions shall be binding on the Commission.
(2) the Commission shall provide to the Minister any statement, statistics, accounts, documentation or information relating to the implementation of any functions or the exercise of its functions under this act as may be required by the Minister.
Power to consult with the Shariah Advisory Council of 26. (1) the Commission shall consult with the Syariah Advisory Council the Syariah matters relating to any matters the Syariah-based cooperative and may issue directions in writing in respect of the relevant arrangements under the advice of the Shariah Advisory Council.
The cooperative Commission of Malaysia 25 (2) where in any proceedings relating to the co-operative arrangement based on Syariah and is monitored and regulated by the Commission in any court or arbitrator, any question arising on the Shariah, the Court or arbitrator, as the case may be, shall be — (a) take into account any written instruction issued by the Commission under subsection (1); or (b) refer such questions to the Shariah Advisory Council for its decision.
(3) any decision made by the Syariah Advisory Council in accordance with the reference made under paragraph (2) (b) shall, for the purpose of proceedings in respect of a reference made — (a) if the reference is made by the Court, taken into account by the Court in making its decision; and (b) if the reference made by the arbitrator, the arbitrator shall be binding on it.
Part IV PROVISIONS RELATING to OFFICERS and EMPLOYEES of the officers and employees of the Commission 27. (1) the Commission may appoint and employ people as officers or employees as it considers necessary for efficient travel business and Affairs of the Commission, the administration of this Act exist, the co-operative Societies Act 1993 or any other written law: provided that the Commission shall, on the appointed date, accept into its employment every person who immediately before that date had served the Government of Malaysia for the purpose of the implementation of the co-operative Societies Act 1993 and which has been given a choice by the Malaysian Government and have chosen to serving as an officer or employee of the Commission.
26 laws of Malaysia Act 665 (2) every such person who opts under subsection (1) to serve as an officer or employee of the Commission shall be given employment by the Commission 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) the officers and employees of the Commission shall hold office for such period, receive such remuneration, allowances or benefits, and subject to such terms and conditions of service as may be prescribed by the Board.
(4) the Commission may, with the approval of the Minister, out of the Fund Commission establish and maintain a pension fund and welfare to officers, employees and their dependents.
(5) if the officer or employee of the Commission have been seconded or transferred to the service of the previous Commission, or are in service of the Federal Government or the State or other public authorities approved by the Board, the appointment of the officer or employee shall, subject to any federal or state law, made in accordance with any arrangements regarding pension and allowance for past service as may be prescribed by the Board.
(6) the Commission may, with the approval of the Minister, out of the funds of the Commission, to hold and maintain a trust account called "Welfare Account Staff Cooperative Commission of Malaysia" for the benefit of officers and employees, including their dependents.
(7) Account of the cooperative Commission of Malaysia Staff Welfare should be used for any purpose related to the welfare of the officers and employees of the Commission, including their dependents, which may from time to time made in the direction of trust issued by the Board with the approval of the Minister, and the command can assign the manner and procedure for the grant, loan or other payments from that account.
The cooperative Commission of Malaysia 27 financial assistance to officers, employees and others 28. The Commission may provide for — (a) subsidy, grant, Islamic financing or credit facilities, with or without Returns or interest, to officers and employees; or (b) Islamic financing or credit facilities, with or without Returns or interest, for the purpose of education or scholarships to officers and employees or any other person, on terms or conditions specified by the Commission.
application of Act statutory bodies (discipline and surcharge) 2000 29. (1) of the statutory bodies (discipline and surcharge) 2000 [Act 605] shall apply to the Commission.
(2) without prejudice to anything contained in the Act the statutory bodies (discipline and surcharge) 2000, an officer or employee of the Commission shall, at all times, acted in good faith and in compliance with such functions and duties as provided in the by-laws issued by the Board under paragraph 12 (1) (a).
continuation and completion of disciplinary proceedings 30. (1) If on the date set, the disciplinary proceedings pending or existing against any officer or employee of the Government who have chosen services of the Commission, the proceedings shall be continued and completed by the Commission, and the law applicable to the officer or employee immediately before the appointed date in relation to the proceedings shall apply to the proceedings continued and completed under this section.
(2) an order, decision or direction made or given by the disciplinary authority of the Commission pursuant to this section shall, with respect to the officer or employee, has the power and the same effect as an order, the results of the 28 laws of Malaysia Act 665

or instructions made or given by the disciplinary authority, the Disciplinary Board or the disciplinary Appeal Board, as the case may be, under the applicable law referred to in subsection (1).
(3) Subsection 61 (1) shall not apply to the disclosure by the Commission of any records, books, registers, correspondence, letter-any document, material or information, in relation to the business and Affairs of the Commission required by the Government of Malaysia pursuant to this section.
(4) the Minister may by order make such modifications to the laws referred to in subsection (1) in its application to the officer or employee as may be necessary for the purpose of removing difficulties arising from the provisions of that subsection.
Part V finance Chapter 1 Financial Capital 31. (1) capital allowed for Commission is three hundred million dollars.
(2) fifty million dollars of capital permitted shall be subscribed and paid by the Malaysian Government during the establishment of the Commission.
(3) part of the paid-up capital allowed may be raised to such amount as may be approved by the Minister from time to time and the Government must subscribe and pay the amount of the increase to the Commission: provided that the payment of the capital increase may be made by way of transfer from General Reserve Fund as approved by the Minister from time to time.
The cooperative Commission of Malaysia 29 General Reserve Fund 32. (1) a General Reserve Fund Commission was established.
(2) at the end of the financial year, the Commission's net profit for the year should be determined after allowing operating expenses and after provision has been made for bad and doubtful debts, depreciation in assets, contributions to employee and pension fund and other contingencies are usually assigned by the Commission.
(3) net profit the Commission shall put the credit of the General Reserve Fund. the granting of annual Government 33. The Government shall every year gives a sum of money to the Commission for the purpose of fulfilling the Commission's operating costs.
Operating fund 34. (1) an operating fund, which is administered and controlled by the Commission, was established.
(2) operating fund shall consist of all monies — (a) is received by the Commission through a grant from the Government;
(b) accepted by the Commission as fees and payment;
(c) accepted by the Commission for services rendered by the Commission to the Government or for services rendered by the Commission to any person;
(d) obtained as income from investments by the Commission;
30 laws of Malaysia Act 665 (e) arising from the disposal, lease or rental, or any other business related to the property vested in or acquired by the Commission;
(f) be borrowed or generated by the Commission under section 35; and (g) in any way become payable to or vested in the Commission in respect of any matter pertaining to the functions and powers or otherwise lawfully received by the Commission.
(3) the operational fund shall be used for the purposes of — (a) to pay any expenses lawfully incurred by the Commission, including — (i) remuneration, or the granting of Islamic financing, credit facilities, allowances pension or gratuity to the Director, officer, employee or other person employed or appointed by the Commission; or (ii) the fees and legal costs as well as fees and other costs;
(b) pay any expenses, costs or other budgets done or is received properly by the Commission in the performance of its functions or the exercise of the powers or duties under this Act;
(c) assign the grant for the development of the cooperative under this Act, the co-operative Societies Act 1993 or any other written laws enforced by the Commission;
(d) refund any moneys borrowed under this Act and the payment of any returns or interest payable thereon;
(e) purchase or rent equipment, machinery and any other materials, acquire immovable property and erection, and exercise such other works and undertaking in the performance of its functions or the exercise of the powers or duties under this Act;
(f) meet any financial obligation properly incurred by the Commission;
The cooperative Commission of Malaysia 31 (g) give any Islamic financing or credit facilities under the Act; or (h) in General, pay for any expenses for carrying out the provisions of this Act.
(4) the Commission shall manage the Fund prudently and prudent operation.
Power to borrow or generate Fund 35. The Commission may, from time to time, with the prior written approval of the Minister and the Minister of finance, generating Fund as follows: (a) borrow money from the Government, government agency or any other person; or (b) issuing bonds, debentures, debenture stock or any other securities, in such manner as the Commission thinks fit or for any term or condition that may absolutely deem expedient in order to meet its obligations or to carry out any functions, powers or duties under this Act.
Power to lend 36. In exercise of the powers and functions under this Act, the Commission may assign Islamic financing or credit facilities to any person upon such terms and conditions as a personal fit with the approval of the Minister and the Minister of finance.
the investment of 37. Money of the Commission including the money in the Fund operations or any monies held by the Commission pursuant to section 41, may, to the extent you do not want to spend or use by the Commission under this Act, be invested in such manner as the Commission may deem fit with the approval of the Minister and the Minister of finance.
32 laws of Malaysia Act 665 Chapter 2 accounts and Reporting Requirements to keep the books, records, accounts, etc.
38. The Commission shall cause the books, records and accounts should be kept and shall, as soon as practicable after the end of each financial year, cause prepared for that financial year a the financial statements of the Commission shall include a balance sheet and income and expenditure account.
The requirements of reports 39. (1) the Commission shall, as soon as possible after the end of its financial year, send to the Minister: (a) a copy of the statement of account certified by the Auditor-General and a copy of the Auditor General's report; and (b) an annual report on the exercise of the Commission under this Act during the year.
(2) the Minister shall, as soon as possible, present a copy of the statement of account certified by the Auditor-General, a copy of the Auditor General's report and the annual report to the House of Commons and the Senate.
(3) of the statutory bodies (accounts and annual reports) 1980 [Act 240] shall apply to the Commission subject to the provisions of this Act.
Financial year 40. Unless directed otherwise by the Minister, the financial year of the Commission shall commence on the first day of January and ends on the day to thirty-one in December of each year.
The cooperative Commission of Malaysia 33 Chapter 3 maintenance fund and fund 41 account. (1) in this section — "Cooperative Deposit account" means an account established under section 43;
"Pelikuidasian Account of the cooperative" means a trust account as determined by the Commission under subsection 75 (4) co-operative Societies Act 1993 where the Fund any cooperative disbanded held pursuant to subsection 75 (7) co-operative Societies Act 1993 while waiting for pengagihannya to the beneficiaries in accordance with the scheme approved by the Commission;
"Likuiditi Center Fund" means the Fund established under section 42 to give likuiditi support to cooperatives who suffer from lack of likuiditi unusual or unexpected;
"Cooperative development trust fund" means the Fund established, held, administered and used in accordance with the rules of the cooperative (Cooperative Development Trust Fund) 1996 [P.U. (A) 622/1996];
"Co-operative Education Trust Fund" means the Fund established, held, administered and used in accordance with the regulations of co-operatives (Co-operative Education Trust Fund) Order 1998 [P.U. (A) 382/1998];
"Cooperative Center Fund" means the Fund established, held, administered and used by the Commission under subsection 75 (8) co-operative Societies Act 1993.
(2) the Commission may, with the approval of the Minister pursuant to this Act, the co-operative Societies Act 1993 or any other written law, operate, manage and maintain any fund to further its objectives.
34 the laws of Malaysia Act 665 (3) the Commission shall hold and administer the following: (a) the Fund Centre Cooperatives; (b) the cooperative Deposit account; (c) cooperative development trust fund; (d) Cooperative Education Trust Fund; (e) the accounts of Pelikuidasian Cooperative; (f) the Fund Likuiditi Center; and (g) any other Fund established by the Commission with the approval of the Minister.

(4) the Minister may, on the recommendation of the Commission, by order published in the Gazette, amend, delete, add to, replace or otherwise amend subsection (3) and when the order has been published, subsection (3) as modified, cut, added to, changed or otherwise amended, shall come into force and applies in full and shall be deemed an integral part of this Act from the date of publication of the same or later from the date as may be specified in the order.
(5) the Commission shall disclose the exercise of the Fund under subsection (3) in its annual report in accordance with paragraph 39 (1) (b).
Likuiditi Fund Centre 42. (1) the Commission may require any cooperative or such class, category or description of co-operatives by order in writing to make such contributions to the Fund Likuiditi the Center.
(2) any co-operative society required by the Commission to make such contributions Money Likuiditi Centre under subsection (1) shall pay to the Commission or to the agents as may be specified in the order is a sum of money or contributions rates contribution as a percentage of the share capital, capital subscriptions, assets or liabilities or its affiliate as may be prescribed by the Commission from time to time not later than the date specified in the order.
The cooperative Commission of Malaysia 35 (3) the Commission may, with the prior written approval of the Minister, make regulations regarding the scope of operation and management of the funds of the Likuiditi Center.
The Cooperative 43 Deposit Account. (1) within two years from the date of commencement of this section or any such longer period not exceeding five years as permitted in writing by the Commission, each of the cooperative shall deposit their fund that is not needed immediately for the operation or investment into the cooperative Deposit account.
(2) the Commission may, with the prior written approval of the Minister, make regulations regarding the scope of operation and management of the cooperative Deposit account.
Part VI investigation, SEARCH and SEIZURE application this section 44. This section shall apply to offences committed by any person under this Act, the co-operative Societies Act 1993, any other written laws enforced by the Commission, regulations, orders and instructions made under the Act-this Act or any other written law.
appointment, powers, functions and duties of investigating officers 45. (1) for the purposes of this section, the Commission may appoint any officer or employee of the Commission or any person appointed under section 9 as an investigating officer.
36 laws of Malaysia Act 665 (2) subject to subsection (3), an investigator appointed under subsection (1) shall have all the powers, functions and duties conferred upon the investigating officer under this Act, and if the investigating officer is not an officer or employee of the Commission, he shall, in respect of the powers, functions and duties in this regard — (a) be subject to; and (b) enjoy any right, privilege, protection, immunity and indemnity as determined in, of this Act, the co-operative Societies Act 1993 or any other written laws enforced by the Commission applicable to an officer or employee of the Commission as if he is an officer or employee of the Commission.
(3) the investigator shall be subject to the direction and control of the Executive Chairman or any other officer as may be authorized by the Executive Chairman to act on his behalf or any investigating officer or other officer of a higher rank, and shall exercise its powers, its functions and fulfil its duties referred to in subsection (2) to comply with any instruction, direction, conditions, restrictions or limitations that the Executive Chairman or other officer authorized by the Executive Chairman to act on his behalf or investigator or officer rank higher, can specify orally or in writing, either generally, or in any case or specific circumstances.
(4) the Executive Chairman or any officer, employee or any person authorized by the Executive Chairman to act on its behalf shall have all the powers, functions and duties of the investigator.
(5) an investigator carrying out any investigation on any person under section 66 co-operative Societies Act 1993 shall have the power to handle the oath or pledge on the person being inspected.
The cooperative Commission of Malaysia 37 Power enter, search and seize 46. (1) where an investigating officer is satisfied or has any reason to believe that any person has committed an offence under this Act, the co-operative Societies Act 1993 or any other written laws enforced by the Commission, he may, if in its opinion it is reasonable to do so for the purpose of investigation over the offence — (a) enter into any premises and there search , seize and hold any property, books or other documents;
(b) examine, make copies of, or take extracts from, any books or other documents seized and remanded;
(c) take possession of, and move from the premises, any property, books or other documents seized and remanded;
(d) examine any person in, or in the premises, and for the purposes of the examination of the person detained and transfer them to any place that is required to facilitate the inspection, and seize and hold any property, books or other documents found on that person;
(e) broke open, inspect, and search, any article, container or vessel under; or (f) stop, detain or search any vehicle.
(2) the investigator can if necessary to do — (a) break open any door or gate in the premise and enters into it;
(b) with a forceful entry into the premises and every part thereof;
(c) transfer by using force any obstruction to the entry, search, inspection, seizure, detention or removal which he is empowered to carry it out; or 38 laws of Malaysia Act 665 (d) withhold all or any person found in any premises, or in any vehicle, which is searched under subsection (1) until the premises or vehicle searched.
(3) a list of all items seized in the course of a search made under this section and premises where such items are respectively found shall be prepared by the investigating officer conducting a search that and signed by him.
(4) the Occupier of the premises entered into under subsection (1) or any person on his behalf shall at every moment during a search is permitted, and a copy of the list prepared and signed under this section shall be submitted to the occupier or the person upon his request.
(5) the investigator shall, unless ordered otherwise by any court — (a) upon the closure of the investigation or any proceedings arising therefrom; or (b) with the prior written consent of Executive Chairman or any investigating officer rank higher thereof, at any time before the closure of the investigation, releasing any property, books or other documents seized, detained or transferred by him or any other investigating officer, to any person he may as legally entitled to property laws, books or other documents if he is satisfied that it is not needed for the purposes of any prosecution or proceeding under this Act , Co-operative Societies Act 1993 or any other written laws enforced by the Commission, or for the purpose of any prosecution under any other written law.
(6) a record in writing shall be made by the investigating officer who causes any release of any property, books or other documents under subsection (5) with respect to such relief in it by stating in detail the circumstances of, and reasons for, the discharge.
The cooperative Commission of Malaysia 39 (7) if the investigating officer was unable to determine the person legally entitled to property laws, book or other document or if there is more than one claimant's property, books or other documents that, the investigating officer shall report the matter to a magistrate who shall then arrange the property, books or other documents as provided in subsection 413 (2) , (3) and (4), section 414, 415 and 416 criminal procedure code [Act 593]: provided that if the property is foreclosed land, magistrate shall manage the ownership of such property.
examination of person

47. (1) An investigating officer may search any person that the investigator has reason to believe has in his possession any property, books or other documents, or any other article whatsoever, which should, in his opinion, for the purpose of investigation on any offence under this Act, the co-operative Societies Act 1993 or any other written laws enforced by the Commission, and for the purposes of the examination can withstand such person for such period as may be necessary to carry out the examination , which is not in any case exceed twenty-four hours without the permission of a Magistrate, and can transfer that the person in custody to any point necessary to facilitate the examination.
(2) the investigator examining on a person under subsection (1) may seize, detain or take possession of any property, books, documents or articles, found themselves that person for the purpose of the investigation is being conducted by him.
(3) no female shall be searched under this section or section 46 unless by a woman to another.
40 laws of Malaysia Act Obstruction of the exercise of the power of 665 by the investigating officer 48. No person shall — (a) refuses to give any investigating officer in the exercise of its powers under section 46 or 47, access to any premises or part of the premises, or refuses to allow himself to be examined;
(b) attack, menggalang, prevent or delay investigating officer melengah-the entry he reserves the right to enter;
(c) fails to comply with any valid claims from any investigating officer in the discharge of its duties under section 46 or 47;
(d) refuses to give to an officer investigating any information reasonably required of it and that it has the power to give it away;
(e) not submit to, or hide or attempt to hide from, an investigating officer, of any property, books, documents or articles thereto investigating officers have reasonable grounds for suspecting that an offence has been or is being done under this Act, the co-operative Societies Act 1993 or any other written laws enforced by the Commission;
(f) save or strive to save any thing seized accordingly;
(g) provide to the investigator by saying as true, information that he knows or has reason to believe is false; or (h) before or after any seizure, break or otherwise destroy any article to prevent it from confiscation, or didapatkannya.
The cooperative Commission of Malaysia Wishes to provide translation of 41 49. (1) if the investigator finds, seize, detain, or take possession of any books or other documents in the exercise of any power under this section, and the book or other document or any part thereof is in a language other than the national language or in English, or in any signal or code, the investigating officer may in writing require the person who has possession, custody or control over the books or other documents to the investigating officer to provide a translation in the language National books or other documents in such period as, in the opinion of the investigating officer, is reasonable taking into account tebalnya a book or other document, or other circumstances related to it.
(2) No person shall knowingly provide a translation under subsection (1) that is not an accurate translation, honest and true, or knowingly makes a translation under that subsection that are not accurate, honest and true.
(3) if the person is required to provide a translation under subsection (1) is not a person who is suspected to have committed offences are being investigated, the Commission shall pay him the fee reasonable for the translation.
The authority to examine those 50. (1) where an officer investigating suspect any person has committed an offence under this Act, the co-operative Societies Act 1993 or any other written laws enforced by the Commission, he may, if in its opinion it is reasonably necessary to do so for the purpose of investigation over the offence — (a) order any person in writing so as to appear before it for the purpose of inspection by the investigating officer in relation to any matter that could , in the opinion of the investigating officer, to assist in the investigation over the offence;
42 laws of Malaysia Act 665 (b) order any person in writing to submit before the investigating officer the books, other documents, property, article or thing which may, in the opinion of the investigating officer, to assist in the investigation over the offence; or (c) by notice in writing require any person to provide a statement in writing made on oath or affirmation set out in it all the information which may be required under the notice, which is information that, in the opinion of the investigating officer, will help in the investigation over the offence.
(2) a person to whom an order under paragraph (1) (a) or (b), or a written notice under paragraph (1) (c) have been provided shall comply with the terms of the order or notice, as the case may be, and in particular — (a) a person to whom an order under paragraph (1) (a) has been granted shall be present in accordance with the terms of the order for inspection, and shall continue to be attending from a day to a day as directed by the investigating officers until inspection is completed , and shall during the inspection that reveals all the information available in the knowledge, or available to it, or which can be didapatkannya, in respect of matters relating to it he was inspected, whether any question submitted to it or not about it, and if any question submitted to it he shall answer the question correctly and all that he knew and believed, nor may refuse to answer any question on the ground that the question might indicate he or the spouse , as the case may be, guilty;
(b) a person to whom an order has been given under paragraph (1) (b) cannot be concealed, harbors, destroying, altering, transferring from or send to outside Malaysia, or mengurusniagakan, spend, or dispose of, any book, other documents, property, article or thing specified in the Cooperative Commission of Malaysia 43 of the order, or alter or damage any entry in any book or other document or cause them to do , or assist or plotting to do it; and (c) a person to whom a notice has been given under paragraph (1) (c) shall, in his statement made on oath or affirmation, to provide and disclose properly all the information required under the notice that are within his knowledge, or available to it, or which can be didapatkannya, and shall not be failed to provide or disclose such information on the ground that the information may indicate that she or the spouse , as the case may be, guilty.
(3) a person to whom an order or notice given under subsection (1) shall comply with the notice or the order and the provisions of subsection (2) relating thereto, notwithstanding the provisions of any written law, whether made before or after this Act comes into power, co-operative Societies Act 1993 or any other written laws enforced by the Commission, or any oath, undertaking or requirement of secrecy , or any obligation under any contract, agreement or arrangement, whether express or implied, to the contrary.
(4) where any person to disclose any information or produce any property, book, document, article, or thing pursuant to subsection (1) and (2), good person who first mentioned it, nor any other person on behalf or on the instructions of or as an agent or employees, the person who first mentioned might act, shall not, by reason of the disclosure or submission is, liable to pay any claims for any offence under or by virtue of any law , or liable to any proceedings or claims in any form or any description by any person under or by virtue of any agreement or arrangement, or how otherwise whatsoever.
(5) an investigating officer may seize, take possession of and hold for a period of time it may deem necessary, any property, books, documents, articles or anything produced before it during the course of an investigation under 44 laws of Malaysia Act 665 subsection (1), or examination of the person being inspected by him under paragraph (1) (a) or submit any article to him under paragraph (1) (b) , to see whether any thing relevant to the investigation, hidden or otherwise, at the person's self.

(6) an inspection under paragraph (1) (a) shall be reduced to writing by the investigating officer and shall be read over to and signed by the person being examined, and if such person refuses to sign the record, the investigating officer shall endorse or him under his hand the fact such refusal and reasons, if any, specified by the person who inspected it.
(7) Records an inspection under paragraph (1) (a), or a written statement upon oath or affirmation made pursuant to paragraph (1) (c), or any property, books, documents, articles or things submitted under paragraph (1) (b) or otherwise during an inspection carried out under paragraph (1) (a) or under a written statement upon oath or affirmation made pursuant to paragraph (1) (c) shall , notwithstanding any law or pillars of law to the contrary, admissible in evidence in any proceedings in any court — (a) for, or in relation to, an offence under this Act, the co-operative Societies Act 1993 or any other written laws enforced by the Commission;
(b) for, or in connection with, any other matter under this Act, the co-operative Societies Act 1993 or any other written laws enforced by the Commission; or (c) for, or in connection with, any offence under any other written law, regardless of whether the proceedings are against people who have inspected, or producing the property, book, document, article or thing, or who has made a written statement on oath or pledge, or against any other person.
The cooperative Commission of Malaysia 45 a particular person in respect of which the power of investigation can be carried out 51. (1) for the purposes of this section — "related", in relation to a body corporate, means pertaining within the meaning of section 6 of the companies Act, 1965;
"interest in shares" have the same meaning as in the companies Act, 1965;
"relative", in respect of a person, means — (a) the spouse of that person;
(b) the brother or sister or brother or sister of the person;
(c) the brother or sister or brother or sister to the spouse of such person;
(d) any person having a relationship nasab directly to up or down with the person;
(e) any person having a relationship nasab directly to up or down with the person's spouse;
(f) the spouse to any person referred to in paragraph (b), (c), (d) or (e);
(g) any person who has a direct relationship with nasab down the person referred to in paragraph (b), (c) or (f);
(h) any uncle, aunt or cousin to that person, or the spouse of such person; or (i) any partner, or any person having a relationship nasab directly to up or down with, the person referred to in paragraph (h);
"business associates" of a person includes — (a) a banker, accountant, Auditor, advocate, nominee or other person employed or appointed by the person at any time before or after the effective date;
46 laws of Malaysia Act 665 (b) any body corporate or non-corporate that person is a Director, and any other independent body incorporated or not incorporated it;
(c) if the person is a body corporate — (i) any Director of the body corporate;
(ii) any Corporation affiliate or in connection with the body corporate; and (iii) any business associates of the Corporation affiliate or related as is mentioned in subparagraph (ii);
(d) any person in possession of any property belonging to such person;
(e) any person indebted that person;
(f) m a n I a-m a n a o r g a n y a n g m e m p u n y a r i a a-a a knowledge or information relating to the business, Affairs, transactions, or property of that person; and (g) any person acting in concert with that person.
(2) without prejudice to the generality of the powers of investigation conferred upon the other an officer investigator under this part, that power may be exercised by him against any — (a) (i) business associates who are past or present;
(ii) the person is or was a brother;
(iii) a person who is or has been a member of or been or had made deposits with, or that is or has ever been a creditor;
(iv) a person who is or has been concerned with control or management, in whole or in part the cooperative Affairs; or the cooperative Commission of Malaysia 47 (v) people who have or have ever had any interest in shares, or otherwise have or once had an interest in the property, the person suspected to have committed an offence under this Act, the co-operative Societies Act 1993 or any other written laws enforced by the Commission;
(b) any business associates or relatives to the person referred to in paragraph (a); or (c) any body corporate or corporation to whom any person referred to in paragraph (a) is a Director or officer or, if the organization is a body corporate, has an interest in shares of the body corporate.
Assistance to police officers, public officials, etc.
52. The Commission may on its own initiatives, or on demand by a police officer, the public officers, authorities or persons having authority to investigate under, or to enforce the provisions of any law — (a) provide — (i) a copy of any book or other document seized, detained or taken possession under section 46 or 47;
(ii) a p p a a-a r e c o d e m p e r i k s a n s d i b a w a h paragraph 50 (1) (a);
(iii) any statement in writing upon oath or affirmation made under paragraph 50 (1) (c); or (iv) any books or other documents made under paragraph 50 (1) (b) or otherwise in carrying out any inspection under paragraph 50 (1) (a), and the police officer, the public officers, authorities or any person having authority to investigate under, or to enforce the provisions of the law, can use copies for records, 48 laws of Malaysia Act 665 statement , book or other document such as may be necessary or expedient in connection with the exercise of its powers, the performance of its functions, or discharge of its duties, in respect of any person; or (b) allow a police officer, the public officers, authorities or any person having authority to investigate under, or to enforce the provisions of the law, to have access to and inspect any property, book, document, article or thing has been made before, or seized, detained or taken possession, by an investigator under this part, and police officer, public officer authority or any person having authority to investigate under, or to enforce the provisions of the law, can use any knowledge acquired by way of access or the examination as may be necessary or expedient in connection with the exercise of its powers, the performance of its functions, or discharge of its duties, in respect of any person.
mergers error 53. Notwithstanding anything contained in any other written law, if a person charged with on more than one offence under this Act, the co-operative Societies Act 1993 or any other written laws enforced by the Commission, he may be charged with and tried in a trial for as much offence committed within a time no matter whatever its duration.
Offence, an offence may arrest 54. Every offence punishable under this Act, the co-operative Societies Act 1993 or any other written laws enforced by the Commission shall be an offence can capture, and a police officer not below the rank of Inspector, or an investigator appointed under subsection 45 (1) may arrest without warrant any person reasonably suspected by him have done or will do any such offence.
The cooperative Commission of Malaysia 49 part VII GENERAL specific Offences 55. (1) any co-operative society which does not comply with the requirements under subsection 42 (2) and 43 (1) commits an offence and shall, on conviction, to a fine not exceeding one million dollars and in addition, a daily fine not exceeding five thousand dollars for each day the offence continues.
(2) any person who fails to comply with the requirements under section 48 or subsection 49 (1), 49 (2) or 50 (2) commits an offence and shall, on conviction, to a fine not exceeding one million dollars or to imprisonment not exceeding two years or to both and in addition, a daily fine not exceeding ten thousand dollars for each day the offence continues.
The Commission's power to compound offences

56. (1) Executive Chairman may, with the consent of the public prosecutor in writing, compound any offence committed by any person is punishable under this Act, by making an offer in writing to that person to compound the offence to pay to the Commission the time as specified in the offer such sums shall not exceed fifty per cent of the total maximum fine (including daily fines , if any, in the case of a continuing offence) will be available to that person if he or she has been convicted of the offence.
(2) any money paid to the Commission pursuant to the provisions of subsection (1) shall be paid into and form part of the Commission's operating fund.
(3) an offer under subsection (1) may be made at any time after the offence committed but before any prosecution had been initiated, and if the amount specified in the offer is not paid within the time stated in the offer, or any extension of time that can be granted by the Commission, a prosecution for the offence may be commenced at any time after that to the person to whom the offer is made.
50 laws of Malaysia Act 665 (4) If an offence has been compounded under subsection (1), no prosecution shall be instituted subsequently in respect of the offence against a person to whom an offer to compound the offence is made, subject to subsection 62 (1).
The obligation of the investigating officer to submit a person arrested to the police 57. An officer investigator appointed under subsection 45 (1) making an arrest under section 54 shall without unnecessary delay hand over the person so arrested to the nearest police officer or, if a police officer is there, bringing the person to the nearest police station, after which the person arrested as aforesaid shall be dealt with as provided by the law relating to criminal procedure in force as if he has been captured by a police officer.
58 public servants. All directors, members of a Committee of the Commission, officer or employee of the Commission or investigating officers while performing their duties as a member, Director, officer, employee or the investigating officer shall be deemed to be public servants as defined in the Penal Code [Act 574].
Public authorities Protection Act 1948 59. Public authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the Commission, officer, employee or agent of the Commission in respect of any act, negligence or default made or done by him in such capacity or on its properties as an officer or employee described in the law specified in the co-operative Societies Act 1993.
The cooperative Commission of Malaysia 51 60 Immunity. (1) no action, suit, prosecution or any other proceeding may be subject, taken, instituted or maintained in any court or before any other authority of — (a) the Government of Malaysia or the Government of the State; (b) the Commission; (c) any Director, officer or employee of any Government or Commission, whether personally or on the nature of the official; or (d) any person lawfully acting on behalf of the Government, Commission, officer or employee, whether personally or on the nature of those who do on behalf of the for or on, or in respect of, any act done or statement made or left than done or made, or purporting to be made or made to or left of made or done, according to or in furtherance of this Act , Co-operative Societies Act 1993 or any other written laws enforced by the Commission, or any written order, directive, notice or anything other matters issued under this Act, the co-operative Societies Act 1993 or any other written laws enforced by the Commission: provided that the acts or statements is done or made, or left than done or made in good faith.
(2) for the purposes of this section — (a) any member of the administration of the Government of Malaysia or the Government of a State shall be considered as an officer of the Government respectively; and (b) the Executive Chairman, the Deputy Chairman of the Executive Committee members, directors, officers, employees of the Commission, or any person appointed by the Commission pursuant to section 9, subsection 8 (2) and 10 (2) and paragraphs 69a (2) (a) co-operative Societies Act 1993 and any liquidator appointed under section 74 co-operative Societies Act 1993, shall be deemed to be an officer of the Commission.
52 laws of Malaysia Act 665 (3) in subsection (2), "personnel administration" have the same meaning as assigned to it in article 160 (2) of the Constitution.
preservation of confidentiality of 61. (1) no Director, officer, employee, agent or consultant of the Commission or any person who in any way, have access to any records, books, registers, correspondence, letter-whatever documents, materials or information, in respect of the business and Affairs of the Commission he had obtained in the execution of his duties or the exercise of its functions, may give, open, reveal, publish or otherwise disclose to any person, documents the information, material or unless the disclosure is required or allowed to — (a) under this Act, the co-operative Societies Act 1993 or any other written laws enforced by the Commission, regulations, orders, instructions or guidelines issued under this Act, the co-operative Societies Act 1993 or any other written laws enforced by the Commission;
(b) under any written law; (c) by any court; or (d) for the performance of his duties and the exercise of its functions under this Act, the co-operative Societies Act 1993 or any other written laws enforced by the Commission, regulations, orders, instructions or guidelines issued under this Act, the co-operative Societies Act 1993 or any other written laws enforced by the Commission.
(2) this section shall not apply to any document, material or information at the time the disclosure is, or has been made available, with valid to the public from any source, or to the information in the form of a summary or group information in relation to a certain members of a cooperative, or pendepositnya not stated explicitly.
(3) No person shall have any document, material or information on its knowledge was disclosed in contravention of subsection (1) may be in any manner whatsoever disclose this item to any other person.
The cooperative Commission of Malaysia 53 (4) If the Commission in the exercise of any power or the performance of any duties or functions under this Act, the co-operative Societies Act 1993, any other written law that dikuatkusakan by the Commission or anything any other written law, suspects that any person has committed any offence under this Act, the co-operative Societies Act 1993, any other written law or anything any other written law the , it shall be lawful for the Commission to provide information about such behaviour to a police officer, or serve a or all information relating to such offences to any authority or person who has the power to investigate or enforce the law that the offence is suspected by the Commission has done.
(5) subsection (4) shall have the power and the full effect, notwithstanding any inconsistencies with, or contrary to it, in this Act, the co-operative Societies Act 1993, any other written laws enforced by the Commission or any other written law.
an initial prosecution 62. (1) any officer or employee of the Commission who is authorised in writing by the Commission may, with the consent in writing of the Prosecutor, claiming any case in any court in respect of any offence committed under this Act, the co-operative Societies Act 1993 or any other written laws enforced by the Commission.
(2) for the purposes of section 380 criminal procedure code, an officer or employee of the Commission who is authorized under subsection (1) shall be deemed to be a public officer.
The power to make regulations 63. The Commission may, with the prior written approval of the Minister, make regulations for carrying out the objectives of this Act or any provision of this Act and to prescribe any matter required to be prescribed under this Act.
54 laws of Malaysia Act 665 laws of MALAYSIA Act 665 Cooperative Commission of MALAYSIA ACT 2007 LIST AMENDMENT of laws that amend the short title effect from – no – Cooperative Commission of Malaysia 55 laws of MALAYSIA Act 665 Cooperative Commission of MALAYSIA ACT 2007 LIST SECTION AMENDED Section Power amend with effect from – THERE are –