WM laws of MALAYSIA Act 101 REPRINTING TABUNG ANGKATAN TENTERA 1973 ACT Contains all amendments to 1 January 2006 PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 in COLLABORATION with PERCETAKAN NASIONAL MALAYSIA BHD 2006 2 laws of Malaysia ACT Royal Assent Date 101............ March 20, 1973, the date of publication in the Gazette......... 22 March 1973 REPRINT BEFORE Reprinting the first............ 1994 Reprinting the second............ 2000 ARMED FORCES FUND ACT 1973 Tabung Angkatan Tentera 3 laws of MALAYSIA Act 101 ARMED FORCES FUND ACT 1973 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title and application 2. Interpretation Part II ESTABLISHMENT Of The TABUNG ANGKATAN TENTERA 3. The Fund and the objective 3A. (Cut)
4. The establishment and incorporation of the Board of the Fund 5. Functioning of the Board and the establishment of a Committee of the Board 6. The establishment of an investment Panel 7. The power of the Minister in respect of the Board 8. Liability of members 9. Compulsory contributions to Fund 10. Voluntary contributions to Fund 11. Declaration of profit 12. Production of 13. Contribution to assignable or detained, etc. 14. Power to borrow 4 laws of Malaysia ACT 101 15. Investment by the Board of 15A. The establishment of a scheme of death and disability benefits 15B. The Minister may suspend, alter or stop the interest scheme death and disability 15 c. Interest Fund 16. The estimated annual 17. Accounts and audit 18. Annual report PART III AM 19. The appointment of the Chief Executive, Deputy Chief Executive and officials and servants of the Board 20. Members, officers and servants shall be deemed to be public servants 21. The application of the Public authorities Protection Act 1948 22. The power of the Board to make regulations 22A. The power of the Board to make regulations relating to conduct and discipline 22B. A surcharge of 23. The Board may establish a corporation FIRST SCHEDULE SECOND SCHEDULE of the THIRD SCHEDULE Section Tabung Angkatan Tentera 5 laws of MALAYSIA Act 101 TABUNG ANGKATAN TENTERA 1973 ACT an act to provide for the establishment of a fund called Tabung Angkatan Tentera main purpose of retirement benefits is to be held and other benefits for contributors, and for the purpose of encouraging side socio-economic development and welfare , and provides other benefits for personnel, are retiring and retired personnel and members of the permanent forces specified in voluntary forces.
[August 1st, 1972]
BE IT enacted by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: part I preliminary short title and application 1. (1) this Act may be cited as the armed forces Fund Act 1973.
(2) this Act shall apply throughout Malaysia.
Interpretation 2. In this Act, unless the context otherwise requires — "members specified in the voluntary forces" means voluntary forces recruiting members on or after August 1, 1972 has served for the past nine years in a row and who is entitled, subject to the conditions imposed in the 6 laws of Malaysia ACT 101 any regulations relating to interest side, to be considered for the incidental benefits under this Act or any regulations made under this Act;
"members of the volunteer forces deployment" means the voluntary forces Member — (a) is or has been deployed to serve full time under section 202 of the armed forces Act 1972 [Act 77]; or (b) is or has been dipertugaskan to the regular forces under subsection 201 (3) armed forces Act 1972;
"voluntary forces" has the meaning assigned to it in section 2 of the armed forces Act 1972 and includes armed forces established under * Cbx Ordinance 1958 [Ord. 52 1958], * Naval Volunteer Reserve Ordinance 1958 [Ord. 55 1958] and * Voluntary Savings Ordinance 1958 air force [Ord. 58 1958] and deemed to have been established under the armed forces Act 1972;
"soldier-lasykar" means a person, other than an officer, registered in the permanent forces;
"ancillary benefits", in respect of the member specified in the voluntary forces, means of socio-economic development plan, or activities or welfare benefits or other benefits provided for the Member;
"fund interest" means the interest for which provision is made in section 15 c;
"Board" means the armed forces Fund Board established under section 4;
"The investment Panel" means the investment Panel established under section 6;
"contributors" means a person who contributed to the Fund and includes a person who has stopped from contribute but not withdraw carumannya from the Fund;
"pension" means a pension granted under any written law which provides pensions for members of the regular forces of Malaysia;
* NOTE — this Ordinance had been repealed by the armed forces Act 1972 [Act 77].
Tabung Angkatan Tentera 7 "Corporation" means a corporation established under section 23;
"retiring personnel" means an officer or a soldier-an almost lasykar to retire or will be laid off or almost with Malaysian permanent forces almost will be terminated or overdue;
"retired personnel" means an officer or a soldier-lasykar who resigned or was terminated or who have completed or overdue service with regular forces of Malaysia;
"the scheme" means a scheme established under section 15A for the payment of death and disability benefits;
"Fund" means the Fund for the armed forces established under section 3.
PART II ESTABLISHMENT of the TABUNG ANGKATAN TENTERA Fund and its purpose 3. (1) a fund known as the "Tabung Angkatan Tentera" (established hereinafter called "the Fund") for the following purposes: (a) for the purposes of pension benefits and major hold other benefits including benefits under a scheme established under section 15A, to the persons specified under paragraph (3) (a); and (b) for the purpose of side promotes the development of socio-economy and the welfare of the persons specified under paragraph (3) (b).
(1A) the following shall be paid into the Fund: (a) all contributions paid as hereinafter provided and any other sums as directed by this Act to be paid into the Fund;
(b) all monies earned from investments or through the conduct of a project, scheme or Enterprise Agency, financed from the Fund and Reserve Fund established under section 11;
8 laws of Malaysia ACT 101 (bb) an annual grant from the Federal Consolidated Fund for the purpose of side and things related to it under paragraph (1) (b);
(c) all grants, donations, endowment, gifts, loans, contributions and grant the will given to or for the Fund;
(d) all sums of money from time to time due to the Fund in respect of the payment of a loan has been granted from the funds and interest payable in respect of an the loan;
(e) the monies earned or arising from a property, investments, mortgages, charges or debentures acquired by or vested in the Fund;
(f) all other sums that could in any way be due or vested in the Fund in respect of any matter incidental to the powers and obligations.
(2) Funds can be used for — (a) the issuance of a deposit with any profit as determined by the Board thereon in accordance with the provisions of this Act;
(aa) the purchase of units in any unit trust scheme for interest and for assigned to contributors and administration costs and other costs relating to interest the trust units as determined by the Board;
(b) repayment and interest on such borrowings and any payment and other expenses as permitted by this Act or any regulations thereunder in order to be paid out of the Fund;
(ba) the payment of death and disability benefits in accordance with the scheme;
(bb) socio-economic activities, welfare programs and any activities and other benefits that can enhance the socio-economic situation of any personnel retiring or retired personnel, or any member of the specified in the voluntary forces, including loans to that person;
Tabung Angkatan Tentera 9 (bc) the financing of the expenses incurred by the Board or any other bodies including a perbadanaan established under section 23, charged with the responsibility to carry out activities, programs or benefits referred to in paragraph (bb);
(c) administrative expenses, including salaries and benefits termination;
(d) other expenses incidental to the management of the Fund and the Board including any money required to perform any sentence, decision or award rendered by a court or tribunal against the Board, the Chairman, any member of the Board, the investment Panel, any member of the investment Panel, officers, servants or agents of the Board in respect of an Act, neglect or default made or done by him on such nature.
(3) for the purposes of this section — (a) pension benefits and other benefits including benefits under a scheme established under section 15A shall be given to —
(ii) other members of the permanent forces that contributed to the Fund; and (iii) members of the conscript forces contributed to the Voluntary Fund;
(b) ancillary benefits shall be given to — (i) personnel are retiring or retired personnel permanent forces; or (ii) members set out in the voluntary forces, as determined by the Board.
(4) the Board may only use any money from the Fund for the purposes referred to in paragraph (1) (b), (2) (bb) and (bc) where the Board has used money referred to in paragraph (1A) (bb) and if there is a sufficient amount of money to meet its obligations under section 11.
10 laws of Malaysia ACT 101 3A. (Struck by Act A929).
The establishment and incorporation of the Board of the Fund 4. (1) for the purposes of managing and maintaining the Fund is hereby established a body corporate called "perpetual Fund Board" (hereinafter referred to as "the Board").
(2) the Board shall have a common seal and may sue or be sued against him his name and, subject to and for the purposes of this Act, may enter into contracts and can acquire, purchase, take, hold and possess any kind of movable and immovable property and may be memindahhakkan, assign, surrender, refund, charge, mortgage, mendemis, assign it, transferred or otherwise disposed of or make any business of any movable or immovable property or any interest thereon which is located right on the Board based on such conditions as the Board may think fit.
(3) the Board shall consist of — (a) a Chairman, namely the Secretary General of the Ministry of defence or other person as may be appointed by the Minister;
(b) a Deputy Chairman, namely, a representative from the Ministry of defence;
(c) the Deputy Secretary General of the Treasury;
(ca) Chief Executive Officer who shall be a member ex-officio;
(d) four members shall be appointed by the Minister to represent the contributors, one of whom shall be Head of the armed forces;
(e) a number of other members, not more than four persons, shall be appointed by the Minister.
Tabung Angkatan Tentera 11 (4) the provisions of the first schedule shall have effect with respect to the Board.
Functioning of the Board and the establishment of a Committee of the Board 5. (1) it shall be the function of the Board to administer and manage the Fund in such a way that will advance the interests of the contributors and personnel also are retiring and retired personnel concerned in the permanent forces and members of the volunteer forces deployment and policy related to any of its functions and any other matters as may be made under this Act.
(2) for the purpose of assisting the Board to discharge its functions, the Board may establish any Committee consisting of any person as may be deemed eligible by the Board.
(3) the Board may employ and pay agents and technical advisors including advocates and solicitors, bankers, stock brokers, surveyors or valuers or others, to carry on any business or to do any act required to be done in the exercise of its functions or to enforce effectively the purposes of this Act, and may pay out of the Fund all costs and expenses incurred in such.
The establishment of an investment Panel 6. (1) a Panel of Investment responsible for matters relating to the investment of the assets of the Fund shall be established and the Reserve Fund established under section 11.
(2) the investment Panel shall consist of — (a) a Chairman shall be appointed by the Minister on the advice of the Board;
(b) the Governor of Bank Negara, or Deputy Governor of Bank Negara;
12 laws of Malaysia ACT 101 (c) Chief of staff of the armed forces;
(d) the Deputy Secretary General of the Treasury;
(e) two other members who are experienced in business or finance shall be appointed by the Minister.
(3) the provisions of the Second Schedule shall have effect with respect to the investment Panel.
The power of the Minister with respect to the Board 7. (1) the Minister may give to the Board any general instructions that are not contrary to the provisions of this Act relating to the conduct and implementation of the functions of the Board and the Board shall perform all such directions.
(2) the Board shall submit to the Minister any statement, accounts and other information with respect to the property and activities of the Board as may be required from time to time by the Minister.
Liability of members 8. There are a member of the Board or a member of the investment Panel own chargeable for any loss or damage caused by any act or omission in the administration of the Affairs of the Board unless the loss or damage caused by an act or omission intentionally wrong in his place.
Compulsory contributions to Fund 9. (1) shall be deducted from the monthly salary of a person's soldier-lasykar who are not eligible for pension an amount equal to the amount of with ten per cent of the wages calculated to five cents almost carumannya at once as the Fund. The amount of the contribution shall be credited to the accounts of the lasykar soldiers.
(2) in respect of every contribution paid under subsection (1), shall be paid on Funds from the Consolidated Fund for credit account lasykar is a soldier-acted knowledgeably Tabung Angkatan Tentera 13 the same number with fifteen per cent of salary computed to five abstention from sen that almost all.
(3) where a soldier-lasykar qualify for pensions, cuts his salary under subsection (1) shall thereby cease to be made and all payments have been made under subsection (2) remaining in the account credit lasykar the soldiers shall be issued and credited on the consolidated fund.
(4) where a soldier-lasykar not yet qualified for disability pension granted pension or gratuity disability pursuant to the provisions of rules Fixed Forces (pensions, Gratuities and other Provision) 1979 [P.U. (A) 77/1979], he is also eligible to be paid, in addition to carumannya on the Fund under subsection (1), all payments have been made under subsection (2) of the credit account.
Voluntary contributions to Fund 10. (1) any member of the regular forces Malaysia wrong make contributions under section 9 and any member of the volunteer forces deployment can choose to pay monthly contributions to the Fund.
(2) subsection 9 (2) shall not apply to any contributions made under this section.
(3) the amount of the contributions payable by contributors under this section may be obtained by means of deductions from salary the contributors and that amount shall be credited to the accounts of the contributors.
Declaration of profit 11. (1) subject to the provisions of this section, the Board may, on or before the 31st day of December in any year, after considering the recommendation of someone actuary approved by the Minister of finance, to declare a profit rate on contributions for that year.
14 laws of Malaysia ACT 101 (2) no profit can be declared unless the Board has established a Fund of reserves, and there is no profit can be declared in any year unless at the end of the year — (a) the assets of the Fund not less than the total liabilities of the Fund, the amount payable to contributors is calculated as if payable immediately;
(b) the Reserve Fund assets not less than a percent of the amount actually available in credit contributors at the end of the year includes profit as approved by the Treasury;
(ba) the provisions made by the Board in respect of payments into the scheme on the sums of money as may be deemed enough by the Actuary for the purpose of such schemes; and (c) no a profit rate can be declared as such unless the actuary certifies in the syornya that in its opinion the ability of the Fund to make all payments required to be paid under this Act is not threatened with Declaration of the rate.
(3) any payment required to be made from the Fund shall, to the extent that funds are not sufficient for that purpose, made from the Reserve Fund.
(4) the Board may from time to time transfer the assets of the Fund to the Reserve Fund or out of the Fund to Fund reserves.
Production of 12. (1) subject to section 9 and subsection (2) of this section, any amount of the credit account someone contributors under this Act may be issued only — (a) when the contributors dies;
(b) one month after contributors are dismissed or retired from service; or (c) when the contributors reached the age of fifty years.
Tabung Angkatan Tentera 15 (2) Notwithstanding subsection (1), a person of contributors can withdraw a part of the amount is in credit his account for the purpose of allowing it to buy a dwelling house or land for the purpose of building a dwelling house on it.
(3) for the avoidance of doubt it is declared that the expression "service" in paragraph (1) (b) means service with the armed forces as — (a) a soldier-lasykar until he is terminated as a soldier-lasykar of the armed forces;
(b) a soldier-lasykar and if he was given a Commission as an officer until he retired as an officer of the armed forces;
(c) an officer until he retired from the armed forces; and
(d) a member of the volunteer forces deployment is terminated or until he retired from the armed forces.
Contributions cannot be diserahakkan or detained, etc.
13. Despite anything to the contrary contained in any other written law — (a) no amount of a contribution payable under this Act;
(b) no amount paid or payable under subsection 9 (2); and (c) no amount is in credit someone contributors, can diserahakkan or transferred or be detained, separated or levied as or in respect of any debt or claim whatsoever, except for the purpose of explaining the debt due to the Federal Government or the Government of a State, as well as the Director-General of insolvency are not entitled to or have any claim against any amount of it.
Power to borrow 14. The Board may, with the approval of the Minister of finance, borrow any amount of money required by the Board for the purposes of this Act and in accordance with such terms and conditions and for such period as may be approved by the Minister of finance.
16 laws of Malaysia ACT 101 Investment by the Board 15. (1) the Board may, on the advice given by the investment Panel invest the funds in the Fund and the Reserve Fund to the extent and according to the following ways: (a) not less than seventy percent of which — (i) in investments permitted by or under the Trustee Act 1949 [Act 208] or by means of depositing with any financial institutions duly licensed under the banking and Financial lnstitusi-1989 [Act 372] or under any other written law;
(ii) in bonds, notes, paper, notes, mortgages, trading Federal bankers, money market paper, certificates of deposit and other debt instruments;
(iii) in loans to any institution in Malaysia which repayment of principal and interest on loans that are fully guaranteed by a financial institution that is licensed under the banking and financial institutions Act 1989 or under any other written law; or (iv) in debentures or other loans issued under the authority of any law by any authority established by any written law; and (b) not more than thirty per cent of which — (i) in business and trade perusahan not listed and mentioned in any stock exchange established in Malaysia: provided that the total amount of money invested in any such an enterprise does not exceed thirty per cent of the total amount of Fund shareholders for the enterprise at the time of the investment unless the prior written approval of the Minister and the Minister of finance is obtained to invest in excess of the percentage;
Tabung Angkatan Tentera 17 (ii) the equity capital of any company listed and mentioned in any stock exchange established in Malaysia;
(iii) in loans to any enterprise or company other than a company or industry in which the Board has invested in accordance with subparagraph (b) (i) or (ii): provided that such loans can only be given on the guarantee of immovable property and that the loan does not exceed Seventy per cent of the value of the assurance as determined by a licensed land surveyors licensed valuers or someone used services independently of the owner of the property;
(iv) investment in securities or any other form of investment outside Malaysia: provided that prior written approval of the Minister and the Minister of Finance shall be obtained in respect of the two securities or other investments to be carried out and also the total amount of money to be invested in such securities or investments;
(v) in any privatization programme; or (vi) any other investment in Malaysia: provided that prior written approval of the Minister and the Minister of Finance shall be obtained in respect of the investments to be carried out and also the total amount of money to be invested in it.
(2) for the purposes of this section — "share" means the share paid (whether fully paid or not) in the share capital of a company and includes shares and rights to subscribe for the stock or shares;
"debenture" includes debenture stocks, bonds, notes or other obligations or securities of a company either becomes a charge on the assets of the company or not and also includes the right to subscribe for debentures.
18 laws of Malaysia ACT 101 Establishment scheme benefits death and disability 15A. (1) a scheme named scheme of death and disability benefits shall be established for the payment of death and disability benefits of contributors.
(2) where a contributors — (a) died while in service; or (b) termination of services by reason of weakness of mind or body, the Board may at its discretion pay each — (i) death; or (ii) disability benefits, in any quantum and to any person as provided in the regulations made under section 22.
(3) for the avoidance of doubt it is stated that — (a) death; or (b) disability benefits, payable pursuant to the scheme shall respectively be any part of the estate of — (i) such dead contributors; or (ii) such contributors who died at any time prior to the disability benefits paid to him.
(4) where any interest payment death or made in good faith and in accordance with the provisions of this Act and the regulations made under section 22, the payment of a full and reasonable explanation for all the liabilities and no any action, suit or proceeding to the payment or the payment of the questioning can be taken or held against the Fund, the Board or any member of the officials or servants of the Board.
Tabung Angkatan Tentera 19 the Minister may suspend, alter or stop the interest scheme death and disability 15B. (1) Notwithstanding any kind (2002) in this Act, where the Minister deems it necessary to do so, he may, on the advice of the Board, by order in the Gazette and subject to such conditions as he may deem necessary apply, suspend, modify or discontinue the scheme.
(2) if the Minister suspends the scheme under subsection (1), no death or disability benefits under such schemes may be paid unless and until the Minister, on the advice of the Board, by order in the Gazette and subject to such conditions as he may deem necessary apply, cancel the stay order made under subsection (1) and, if he did so, such schemes shall therefore reinstated.
(3) if the Minister change the scheme under subsection (1), any death or disability under the scheme shall be paid in accordance with the variation order made under subsection (1).
(4) if the Minister stopped the scheme under subsection (1), all death and disability benefits under such schemes shall cease to be payable pursuant to an order of termination under subsection (1), and any sums still available under paragraph 11 (2) (ba) for the purpose of the scheme shall be paid into the Fund.
(5) If the Minister makes any order under this section, the Board shall, if necessary, make regulations or amend any regulations made under section 22 to give effect to the order.
Interest Fund 15 c. (1) the Board may, if it thinks fit, to buy units in the unit trust scheme for interest and for assigned to contributors in accordance with regulations made under subsection (3).
(2) interest of unit trust funds shall be accounted for in a separate account from the accounts referred to in section 9 and 10.
20 laws of Malaysia ACT 101 (3) in addition to its powers under section 22, the Board may, with the approval of the Minister, make regulations that it considers necessary for the purposes of subsection (1).
Annual estimates 16. The Board shall, not later than one month before the beginning of each financial year, considering and approving an estimate of the expenses of the Board (including capital expenditure) for the following year.
Accounts and audit 17. (1) the Board shall cause to be kept proper accounts and other records in respect of commissioning and shall cause to be prepared a statement of account in respect of each financial year.
(2) the accounts of the Board shall be audited every year by the Auditor General or a person of the other auditor appointed by the Board with the approval of the Minister of finance.
(3) after the end of each financial year, having only the audited accounts of the Board, the Board shall cause to be a copy of the statement of account sent to the Minister together with a copy of any audit opinion.
(4) the Minister shall cause to be a copy of every statement and the views set out in front of each Parliament.
Annual report 18. (1) the Board shall, not less than thirty this day of June of each year, cause to be made and submitted to the Minister a report in respect of the activities of the Board in the previous financial year and containing any information relating to the conduct and policies the Board as directed from time to time by the Minister.
(2) the Minister shall cause to be a copy of every report is laid before Parliament in each Council.
Tabung Angkatan Tentera 21 PART III GENERAL Appointment Chief Executive, Deputy Chief Executive and officials and servants of the Board 19. (1) subject to the approval of the Minister, the Board may appoint a Chief Executive and a Deputy Chief Executive on such conditions as the Board may think fit.
(2) the executive head or, if a Chief Executive is not elected, an officer of the Board nominated by the Board shall be responsible for the day to day administration and management of the Affairs of the Board and shall perform such duties and powers as may be entrusted or delegated by the Board or the Chairman of the Board, when acting on behalf of the Board.
(3) the Board may appoint any officers and servants as he thinks necessary to conduct the Affairs of the Board efficiently.
(4) officers and servants of the Board shall hold office for such period, or receive any salaries and allowances and is subject to any limits and conditions of service including pension benefits as determined by the Board with the approval of the Minister.
Members, officers and servants shall be deemed to be public servants 20. All members, officers and servants, as the case may be, for the Board, the investment Panel and any corporation established under section 23 shall be deemed to be public servants within the meaning of the Penal Code [Act 574].
The application of the Public authorities Protection Act 1948 21. Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceeding of the Board, the Chairman, any member of the Board, the investment Panel, any member of the investment Panel, 22 laws of Malaysia ACT 101 officers, servants or agents of the Board or a corporation established under section 23 and any Member, officer, servants or agents of the Corporation, in respect of any act , neglect or default made or done by him on such properties.
The power of the Board to make regulations 22. The Board may with the approval of the Minister, make regulations to provide for all or any of the following: (a) to pay and collect contributions, the minimum amount of monthly contribution payable under section 10 and any matters incidental thereto;
(aa) the terms and conditions that must be met by any personnel retiring or retired personnel permanent forces or member specified in the voluntary forces to qualify for any benefits under this Act;
(b) the charge in any case determined by the Board;
(c) financial procedures and pengakaunan;
(d) repayment of contributions under this Act, or the payment of any part of the contribution, paid by error along with any interest on the contribution;
(e) the payment of contributions under this Act, or the payment of any part of the contribution to be paid by, Miss wrong;
(ea) the management of the sums paid into the scheme in accordance with paragraph 11 (2) ba);
(eb) the manner and basis of calculating death and disability benefits payable under the scheme and factors to consider about it to achieve the quantum payable;
(ec) person to death and disability benefits due, including provision for naming that person by individual contributors, how to cancel the naming and the circumstances of the nomination shall be deemed inoperative again;
Tabung Angkatan Tentera 23 (ed) give effect to any order made under section 15B;
(f) disposal of unclaimed amount is not paid or otherwise, is still available in the Fund;
(g) procedures for issuing the amount due from the Fund, including the evidence to be produced for the purposes of the production;
(ga) the terms and conditions including the rate of interest payable, the amount that can be borrowed, procedures related to it and any other matters incidental to such lending from the Fund;
(gb) the terms and conditions for the withdrawal of the amount of the Fund, the percentage of contributions to contributors that can be withdrawn and any other matters incidental thereto;
(h) any other matter for the purpose of enforcing the provisions of this Act.
The power of the Board to make regulations relating to conduct and discipline 22A. (1) the Board may, with the approval of the Minister, make any regulations it considers necessary or expedient to provide about the conduct and discipline officers and servants of the Board.
(2) regulations made under this section may include — (a) provision for the establishment of the disciplinary authority appropriate for the category of officers and servants different Board;
(b) provision for the establishment of a Disciplinary Appeal Board to hear an appeal from the decision of the disciplinary authority; and (c) provision for — (i) retention of salary reduction or work with other remuneration; or (ii) suspension of the work without salary or other remuneration, an officer or the Board of servants pending disciplinary proceedings.
24 laws of Malaysia ACT 101 (3) regulations made under this section may establish any disciplinary offence and provide for any disciplinary punishment as may be thought fit by the Board, and the sentence provided that may include dismissal or demotion.
(4) regulations made under this section may in establish a procedure for disciplinary proceedings, to provide an opportunity for the person against whom the disciplinary proceedings taken to make representations before a decision is taken by the disciplinary authority for any disciplinary charge made against that person.
Surcharges 22B. (1) if it is found by the Board that any person who is or has ever worked with — (a) not collect any money owed to the Board for the collection of the money became its responsibility;
(b) is or ever be liable for any payment of money from the Fund should not be made or for any payment of money not approved accordingly;
(c) is or has been responsible, directly or indirectly, for any deficiency in, or for destruction, any moneys, stamps, securities, goods storage or other property of the Board;
(d) as or while an accounting officer, is not or has not to keep proper records or account; or (e) was not to make any payment, or was or ever be liable for any delay in payment, money from the Fund to any person to whom the payment is to be made under any contract, agreement or arrangement made between the person with the Board, Tabung Angkatan Tentera 25 the Board shall serve a notice in writing to him asking show cause why he should not be disurcaj , and if the explanation is not given to the satisfaction of the Board with respect to the failure to collect, payments should not be made, payments that were not approved properly, lack of or destruction of, or failure to keep proper records or accounts, or the failure to make payment, or delay in making payment, within fourteen days from the date of delivery of the notice aforesaid, the Board may mensurcaj a sum of money against that person not exceeding the amount of any such amount not collected , costs, lack of, or loss or the value of the property destroyed, as the case may be; and with respect to the failure to keep proper records or accounts, or the failure to make payment, or delay in making payment, the Board can mensurcaj any amount of money against such person as he may deem fit.
(2) the Chairman of the Board shall cause the Chief Executive to be notified of any surcharge made under subsection (1) and the Chief Executive shall thereupon notify the person who disurcaj it.
(3) the Board may at any time withdraw any surcharge in respect of which a satisfactory explanation has been received or if it turns out otherwise that no surcharge should be made, and the Chairman of the Board shall forthwith cause the Chief Executive to be notified of the withdrawal.
(4) the amount of any surcharge made under subsection (1) and not withdrawn under subsection (3) shall be a debt due to the Board of the person against whom a surcharge is made and can be prosecuted and recoverable in any court on the legal Board and can be recovered through deletions — (a) from the salary of the person disurcaj j if the Board so directs; or (b) the pension of people who disurcaj if the Board so directs, the 26 laws of Malaysia ACT 101 with equal monthly instalments not exceeding one quarter of the total monthly salary or pension, as the case may be, that person.
(5) for the purposes of this section, "Chief Executive ' means the Chief Executive appointed under subsection 19 (1) and includes an officer Board named under subsection 19 (2).
The Board may establish a corporation
23. (1) The Board may from time to time, on the advice given by the investment Panel and with the approval of the Minister and the consent of the Minister of finance, by order published in the Gazette establish a corporation with any name as the Board thinks fit to carry out and be responsible for care, stewardship and management of a project, a scheme or enterprise that has been planned or undertaken by the Board to carry out its functions under this Act , and the Corporation may do so either by itself or by making partnerships or any arrangement to get a share of profit of joint ventures, cooperation, or otherwise.
(2) any money required for the establishment of the Corporation shall be obtained from funds available for investment under paragraph 15 (1) (a).
(3) the provisions of the third Schedule shall apply to every Corporation.
The FIRST SCHEDULE [section 4] 1. (1) the Chairman and other members of the Board appointed under paragraph 4 (3) (d) (other than the Chief of staff of the armed forces) and (e) shall serve for a term of not more than three years, as stated in the letter of appointment and shall be eligible for re-election.
(2) every Member shall be eligible for reappointment.
Tabung Angkatan Tentera 27 2. The appointment of Chief of staff of the armed forces is by virtue of his Office.
3. If the Chairman is unable to perform its functions under this Act due to illness, are not in Malaysia or for whatever other reason, his functions shall be exercised by the Deputy Chairman.
4. (1) the Board shall meet at least once every six months.
(2) the Chairman or any Member who served as Chairman during the Chairman is in place and the three other members shall form a quorum at a meeting of the Board.
(3) if the number of votes on any question is equally the Chairman or member who served as the Chairman shall have a casting vote in addition to his original vote.
(4) subject to subparagraph (1), (2) and (3) the Board may make their own arrangements.
5. (1) the common seal of the Board shall contain a stamp as may be approved by the Board and such seal may, from time to time be broken, changed, altered or made anew as the Board may think fit.
(2) until a seal is provided by the Board of a stamp bearing the words "Fund Board" may be used and shall be deemed to be the common seal of the Board.
(3) the common seal or cap under subparagraph (2) shall be kept in the custody of the Chairman and shall be authenticated by him or by an officer authorized by the Board in writing; and all deeds, documents and other instruments purporting to be sealed with the seal, authenticated as referred to above, shall be deemed to have been validly executed legal until the contrary is proved: provided that any document or instrument which if executed by a person not being a body corporate shall not be required to be sealed may be executed by the Board in a way that also; and a document or instrument may be executed on behalf of the Board by an officer or authorized Board servants generally or specially by the Board for that purpose.
(4) the seal of the Board shall be officially and judicially noticed.
6. May be paid to each Member of the Board of the Fund such allowances, including allowance for travel and living allowance, as may be prescribed by the Board from time to time subject to such limitations and conditions as may be imposed by the Minister.
28 laws of Malaysia ACT 101 7. (1) a member of the Board who has or acquires, directly or indirectly, by himself, by his partner or through his agent — (a) a share or interest — (i) in a contract made with the Board;
(ii) with a piece of work made to the Board; or (iii) in a company or firm or in respect of an enterprise which the Board proposes to make a contract; or (b) any beneficial interest in the land proposed to be acquired, purchased, leased or otherwise made any business by the Board, shall state the nature and extent of the share or interest to the Board.
(2) the statement required to be made by a member under subparagraph (1) shall be made at a meeting of the Board on any question relating to the contract, procurement, purchasing, leasing, managing, project or the scheme first considered, or as soon as possible, after acquiring a share or interest therein.
(3) for the purposes of this paragraph, a general notification given to other members by a member which means that he is a member of a company or firm specific and shall be deemed to have an interest in a contract which may, after the date of the notification, made to or by the company or the firm, shall be deemed to be a statement of interest enough in relation to a contract made in such a : provided that the notification does not have any effect unless either the notification given in a meeting of the Board or a member in question takes reasonable steps to ensure that the notification submitted and read at the next Board meeting after it is given.
(4) every statement made pursuant to this paragraph shall be recorded in the minutes of meetings in which the statement is made or read.
(5) a member may not vote on any resolution or question in relation to a contract, procurement, purchasing, leasing, managing, project or scheme that he possesses a share or interest, whether or not he has mention it, and also he can not take part in any deliberation (except by invitation of the Board) or Tabung Angkatan Tentera 29 decisions related to it or with any matters incidental thereto , and if he do so her vote should not be counted, and even he cannot be counted as present in the quorum present at the meeting for the purpose of resolution of the question or.
SECOND SCHEDULE [section 6] 1. (1) the following person shall lose their entitlement from standing for election or be a member of the investment Panel: (a) a person who has been convicted of an offence and sentenced to imprisonment for a term not less than one year;
(b) a bankrupt;
(c) a person who is not of unsound mind or for any other reason unable to perform the duties.
(2) a member of the investment Panel vacate his post if he fails to attend meetings of the Panel three times in a row without written permission from the Chairman of the investment Panel.
2. The Chairman and two other members of the Investment Panel shall form a quorum at a meeting of the Panel.
3. The investment Panel shall meet as and when required by the Board.
4. May be paid to each Member of the Panel of Investment out of the Fund such allowances, including allowance for travel and living allowance, as may be prescribed by the Board from time to time subject to such limitations and conditions as may be imposed by the Minister.
5. If a member of the investment Panel has any financial interest in a project or enterprise scheme, operated or recommended by the Panel for the Investment undertaken by the Board, the Member shall forthwith declare to the Board in writing of the nature and extent of his interest in the scheme, project or Enterprise it and any changes which later about the nature and extent of his interest in the scheme, the project or enterprise.
30 laws of Malaysia ACT 101 the THIRD SCHEDULE [section 23] 1. The Board shall by order of a corporation set up to make provision in respect of any or all of the following: (a) the purpose and objectives of the Corporation is established;
(b) the rights, powers, duties and functions of the Corporation, including the power to borrow;
(c) the management of the Corporation;
(d) the conduct and the meeting of the Corporation, including the quorum required for the meeting and how to vote at the meeting;
(e) the financial affairs of the Corporation, accounts that are required to be kept and auditing of the accounts;
(f) the terms and conditions of service of officers and servants of the Corporation; and (g) the relationship between the Corporation with the Board and the Board for control of the Corporation.
2. Subject to the provisions of this Act, the provisions of an order establishing a corporation shall be binding on the Corporation.
3. The Board may at any time with the approval of the Minister and the approval of the Minister of finance amend orders establishing a corporation.
4. (1) the Board may with the approval of the Minister and the approval of the Minister of finance by order published in the Gazette direct that a corporation established by it shall be wound up and dissolved in such manner as may be specified by the Board.
(2) where a corporation is dissolved, its assets shall be transferred and vested in the Board once all liabilities are settled.
(3) the extent of the liability of a corporation to sipiutangnya shall be limited to the value of its assets at the time of commencement of the order directing the Corporation wound up or deregistered.
(4) the Board shall not be at any time requested to clarify the liability of a corporation if the Corporation's assets are not enough to obligations.
Tabung Angkatan Tentera 31 5. Every Corporation is a body corporate and shall have perpetual succession and have a common seal and can sue and be sued upon his name, and can enter into contracts and can hold and do business or make any business of any immovable property or movable property and can do everything and other matters incidental or related to a body corporate which is not inconsistent with the provisions of this Act and subject to such restrictions or limitations as may be imposed by the Board in each case.
6. (1) every corporation shall have a common seal bearing a stamp as may be approved by the Corporation with the approval of the Board, and such seal may from time to time be broken, changed, altered, or made anew as the Corporation may think fit.
(2) until a seal approved under this paragraph, a stamp bearing the name of the Corporation encircling the letters "LTAT" can be used as the seal of the Corporation.
(3) the common seal, or cap referred to in subparagraph (2), shall be kept in the custody of any person directed by the Corporation and shall be authenticated by the person; and all deeds, documents and other instruments purporting to be sealed with the seal, authenticated as aforesaid, shall be deemed to have been validly executed until the contrary is proved: provided that any document or instrument which if executed by a person not being a body corporate shall not be required to be sealed may be executed in a way that also by the Corporation; and a document or instrument that may be executed on behalf of the Corporation by any officer or authorised servants of the Corporation generally or specially by the Corporation for that purpose.
(4) the seals of every corporation shall be officially and judicially noticed.
32 laws of Malaysia ACT 101 laws of MALAYSIA Act 101 FUND ACT 1973 ARMED FORCES LIST AMENDMENT law short title force of the Act amending the Act A489 Tabung Angkatan Tentera 30-05-1980 (Amendment) Act 1980 except s. 3 (b), 4 (1) (a) and 4 (3): 01-10-1977; s. 4 (1) (b), 4 (2), 4 (4), 4 (5) and 6:01-08-1972; s. 7:01-08-1975; s. 11 and 12:01-07-1983; s. 2, 3 (a), 3 (c) and 5:01-11-1985; s. 9:16-05-1986 Act A646 Act Tabung Angkatan Tentera 16-05-1986 (Amendment) Order 1986 except s. 2 (1), 5 (1) and 7 (1) (a): 01-11-1985; s. 3 (1) and 4 (1): 01-01-1984 Act A896 Act Tabung Angkatan Tentera 08-07-1994 (Amendment) Act 1994 Act A905 Tabung Angkatan Tentera 01-10-1994 and Militare Fund (Amendment) Act 1994 Act A929 Tabung Angkatan Tentera 10-11-1995 and Militare Fund (Amendment) Act, 1995 Act A1094 Tabung Angkatan Tentera 01-08-1972 (Amendment) Act 2000 s. 2 and 3 unless per. 3 (f), subper. 4 (a) (ii), se. 4 (b) and s. 5, 6, 7 and 10:01-12-1996; se. 3 (f), subper. 4 (a) (i) and s. 9:23-12-2000; s. 8 24-12-2000; the remaining section: Tabung Angkatan Tentera 33 laws of MALAYSIA Act 101 FUND ACT 1973 ARMED FORCES LIST SECTION AMENDED Section Power amend the effect from the long Title of the Act A896 08-07-1994 Act A929 10-11-1995 Act A1094 01-08-1972 short title Act A896 08-07-1994 Act A929 10-11-1995 2 acts of A489 01-11-1985 Act A896 08-07-1994 Act A929 10-11-1995 Act Al094 01-08-1972;
01-12-1996 part II – Title Act A929 10-11-1995 3 acts of A489 01-10-1977; 01-11-1985 Act A646 01-11-1985 Act A896 08-07-1994 Act A929 10-11-1995 Act A1094 01-08-1972;
01-12-1996 3A Act A896 08-07-1994 Act A929 10-11-1995 4 Act A896 08-07-1994 Act A905 01-10-1994 5 Act A896 08-07-1994 Act A929 10-11-1995 Act A1094 01-08-1972 6 Act A646 01-01-1984 Act A896 08-07-1994 Act A929 10-11-1995 9 A489 Act 01-08-1972, 01-10-1977 34 laws of Malaysia ACT 101 Section Power amend with effect from 10 A1094 Act 01-08-1972 Act A929 10-11-1995 11 acts of A489 01-11-1985 12 Act A905 01-10-1994 Act A1094 01-08-1972 13 acts of A489 01-08-1972 15 acts of A489 01-08-1975 Act A646 01-01-1984 Act A896 08-07-1984 Act A905 01-10-1994 Act A929 10-11-1995 Act A1094 23-12-2000 15A A489 Act 30-05-1980 Act A646 01-11-1985 15B A646 Act 16-05-1986 15 c A1094 Act 01-12-1996 18 Act A905 01-10-1994 19 Act A929 10-11-1995 20 acts of A489 16-05-1986 22 Act A489 30-05-1980 Act A646 01-11-1985 Act A896 08-07-1994 Act A905 01-10-1994 Act A929 10-11-1995 Act A1094 01-08-1972 22A A905 Act 01-10-1994 22B A905 Act 01-10-1994 23 of the A489 01-07-1983 Act A905 01-10-1994 Act A929 10-11-1995 first schedule of Act A905 01-10-1994 third schedule A489 Act 01-07-1983