Act 156 BM laws of MALAYSIA Act 156 REPRINTING the INDUSTRIAL COORDINATION ACT 1975 Contains all amendments to 1 January 2006 PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 in COLLABORATION with PERCETAKAN NASIONAL MALAYSIA BHD 2006 laws of Malaysia ACT 1562 the INDUSTRIAL COORDINATION ACT 1975 Royal Assent Date............... May 15, 1975, the date of publication in the Gazette......... 22 May 1975 REPRINT BEFORE Reprinting the first............ 1983 Second Reprinting............ 1997 Third Re-printing............ 2001 industrial coordination 3 laws of MALAYSIA Act 156 INDUSTRIAL COORDINATION ACT 1975 ARRANGEMENT of SECTIONS section 1. Short title, application and commencement 2. Interpretation 3. Licence required for manufacturing 3A. Licensing officer shall be appointed by the Prime Minister 4. Application, production and conditions of licence 5. Existing manufacturer 6. Cancellation of licence 7. Transfer of ownership license 7A. Variation 8. Compliance with other laws 9. Enforcement 10. Statement or other information shall be provided when required to do so by written notice 11. Exemption from 11A. Establishment and membership of the Advisory Council of Industrial 11B. Appointment of alternate member of the 11C Council. The Schedule shall apply to Council and a member of the 12. Rules 13. Person aggrieved may appeal to the Minister of natural resources whose decision shall be final 14. License remain in force pending the results of the appeal laws of Malaysia ACT 15 Section 1564. Cancellation shall be published 15A. Be an offence not to comply with or enforce an order made under section 13 16. Saving for existing licence 17. Power to compound offence specific 18. Those in respect of which the offence compounded cannot be claimed in respect of the offence 19. Liability of the particular person for the offence committed by the company, partnership or group of persons 20. Delivery of statements or other information, notice, certificate, decision and order 21. Certificate of licensing officers to be prima facie evidence of certain matters stated it 22. The sessions Court has full jurisdiction of the industrial coordination TABLE 5 laws of MALAYSIA Act 156 INDUSTRIAL COORDINATION ACT 1975 an act to provide for the coordination and advancement with proper manufacturing activities in Malaysia, to establish an Advisory Council of industry and for other matters related or incidental thereto.
[May 1, 1976, P.U. (B) 248/1976]
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: short title, application and commencement 1. (1) this Act may be cited as the industrial coordination Act 1975, and shall apply throughout Malaysia.
(2) this Act shall come into force on such date as the Minister may, by notification in the Gazette.
Interpretation 2. In this Act, unless the context otherwise requires — "manufacturing" with variations and cognate expressions means gramatis make, modify, mix, decorate, streamline or otherwise treat or adjust any article or substance as the use, sale, transportation, delivery or disposal and includes installing parts and repair but exclude any activity normally associated with commercial retail or wholesale;
"release" means any article, thing, material or services that are issued as a result of any manufacturing activities and includes a wide range of products;
Laws of Malaysia ACT 1566 "licence" means a licence issued under this Act to engage in such manufacturing activities;
"Council" means the Industrial Advisory Council established under section 11A;
"Minister" means the Minister responsible for industrial development;
"the licensing officer" means any public officer appointed to be licensing officers under section 3A;
"manufacturer" means a person engaged in such manufacturing activities.
Licence required for manufacturing activities 3. (1) No person shall engage in any activity the manufacture unless a licence issued to him in respect of the manufacturing activities.
(2) any person who fails to comply with subsection (1) commits an offence and shall, on conviction, to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months and a further fine not exceeding one thousand dollars for each day of default continued.
Licensing officer shall be appointed by the Prime Minister of 3A. The Prime Minister may appoint any public officer to be the licensing officer for the purposes of this Act and any appointment made before the commencement of this section shall come into operation, deemed to have been made under this section.
Application, production and license terms 4. (1) an application for a license shall be made to the licensing officer in the prescribed form.
(2) an application may be made for one or more products manufactured in one place manufacturing activities or more but a separate licence shall be issued for each place of manufacturing activities.
Industrial coordination 7 (3) in deciding whether a licence application should be approved or rejected, the licensing officer shall, in considering whether the issuance of a licence in accordance with the objectives of economic and social development of the country and will encourage proper for manufacturing activities in Malaysia.
(4) on the issue of a licence, the licensing officer may, in order to achieve aforesaid, impose such conditions as he may deem fit and such conditions may be modified either on the application of the manufacturer or on the requirements of its own licensing officer after consultation with the manufacturer in respect of which terms and conditions in the license changed.
(5) every licence issued shall be in the prescribed form and shall be subject to any fees prescribed.
Existing manufacturer 5. Every person who at the coming into operation of this Act in any manufacturing activities can continue to do so but shall, not later than one year from the date of coming into operation of this Act, apply for a licence to the licensing officer in the prescribed form.
Cancellation of license 6. (1) the licensing Officer may, in its discretion, cancel a licence if the manufacturer to whom a licence is issued — (a) fails to comply with any condition imposed in the licence;
(b) is no longer involved in manufacturing activities in respect of which the licence was issued; or (c) has made a false statement in the application to get the license.
(2) prior to the exercise of its powers to cancel a licence, licensing officer may request the manufacturer so that the laws of Malaysia ACT 1568 shows, in a period of time determined, appropriate reason why his/her license should not be revoked.
(3) the licensing Officer can detain or suspend the revocation of a licence if he is satisfied that the Act or omission on the part of the manufacturer under subsection (1) have been caused by something that could not be controlled by it and there are reasonable expectations for the Act or omission that diremedikan in a period directed by the licensing officer.
The transfer of ownership of licence 7. (1) no license shall be transferred ownership from one manufacturer to any other person without the prior approval of the licensing officer.
(2) without prejudice to subsection (1), the licensing officer may allow a licence transferred ownership of the licensee in the event of death, disability, bankrupt, or in the case of a company, a liquidator licensee or if a receiver or manager appointed in respect of the licensee's business or if, because of a reason, licensing officer is satisfied that it is not fair if she did not allow the licensee to transfer ownership of his/her license.
(3) an application to transfer the ownership of a licence shall be made in writing to the licensing officer.
Variation of 7A. (1) a manufacturer can't manufacture a product other than those specified in a licence without the prior approval of the licensing officer.
(2) a manufacturer may suspend or discontinue the manufacture of a product specified in a licence after telling officials licensing in writing of his intention to do so.
(3) an application for approval under subsection (1) shall be made in writing to the licensing officer.
Industrial coordination 9 comply with other laws 8. The issuance of a licence shall not be deemed to release the manufacturer to whom issued a license from compliance with any other written law relating to manufacturing activities for which the license has been issued.
Enforcement 9. (1) the Minister may authorize in writing any public officer to exercise the powers under this section.
(2) in the exercise of any powers under this section, the authorised officer shall, when requested, submit a letter of authority issued to him by the Minister to the person against whom he is acting under this Act or under any rules made thereunder.
(3) when it appears on someone Magistrate from the information given with the written oath and after any investigation it considers necessary that there is reasonable cause to believe that in any building or place is no manufactured, hidden, placed or stored any products, manufacturing equipment or any other thing in respect of which an offence has been committed against this Act or of any rules made thereunder , A magistrate may issue a warrant to authorise any officer authorized that the name in the warrant to enter the building or place is during the day or night and with or without assistance and there find and take any product, equipment manufacturing or any other thing in respect of which an offence suspected to have been committed and the authorised officers named in the warrant may also take any books or documents reasonably believed contains information about any suspected offences have been committed.
(4) when it appears at an officer who authorised that there is reasonable cause to believe that in any building or place is no manufactured, laws of Malaysia Act 15610 hidden, placed or stored any products, manufacturing equipment or any other thing in respect of which an offence has been committed against this Act or of any rules made thereunder and if he has reasonable grounds to believe that the delay to get a search warrant , may result in output, manufacturing equipment or other thing that moved, the authorised officer may exercise, in or on or in respect of the building or place is all the powers referred to in subsection (3) as if he had been authorised to do so by a warrant issued under that subsection.
(5) every authorized officer in the exercise of its powers under subsection (4) shall obtain the written approval of the Minister before running the authority.
(6) any person who prevents or thwart an officer authorized in exercise of legally any of its powers under this Act or under any rules made thereunder, commits an offence and may be liable to a fine of five hundred dollars or to imprisonment for a term not exceeding six months or to both.
Statement or other information shall be provided when required to do so by written notice 10. (1) the licensing Officer may by written notice require any manufacturer that gave him or give the Department of statistics, or both, within the time specified in the notice, statement or other information in respect of any manufacturing activity but the manufacturer shall not be required to provide information that would disclose any secret manufacturing process or other trade secrets.
(2) any manufacturer that — (a) has not provided within the time specified of any statement or other information required under subsection (1), commits an offence and may be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding three months or both they and he also can be fined further not exceeding five hundred dollars for every day the default continues; or industrial coordination 11 (b) provide any other information or statement which is false or misleading in any material details commits an offence and may be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both.
Exemption 11. The Minister may by order exempt a manufacturing activities from all or any provisions of this Act.
Establishment and membership of the Advisory Council of Industrial 11A. (1) a body to be called the Industrial Advisory Council which functions shall be established to advise the Minister on matters relating to this Act.
(2) the Council shall consist of the following members who shall be appointed by the Minister by name: (a) a Chairman;
(b) a representative of the Ministry;
(c) a representative of the Ministry of finance;
(d) a representative of the Economic Planning Unit, Prime Minister's Department;
(e) a representative of the Ministry in charge of the primary industries;
(f) a representative of the Malaysian Industry Board;
(g) a representative from each of the States of Sabah and Sarawak who shall be appointed by the Minister after consultation with the Government of that State;
(h) five members representing institutions trade and industry manufacturing;
(i) two members who represent the interests of persons involved in manufacturing activities in the States of Sabah and Sarawak; and (j) at the discretion of the Minister, not more than two other members.
Laws of Malaysia ACT 15612 (3) the Minister may revoke the appointment of a member appointed under this section or an alternate member appointed under subsection 11B () without assigning any reason therefor and if the Minister do so, such revocation shall be final and shall not be questioned in any court.
Appointment of alternate member Council 11B. (1) the Minister may, in respect of each Member of the Council, other than a member appointed under paragraph 11A (2) (a) or (j), to appoint a body other than the same or representing the same interest as that Member to become a member an alternate member to the Committee and member of the queue may attend meetings of the Council to replace the Member if the Member is unable to attend for any reason.
(2) when attending meetings of the Council or if the Member in respect of which he was appointed as alternate members is not present, a member of the alternate shall for all purposes be deemed to be a member of the Council.
(3) An alternate member shall, unless he sooner resigns or his appointment is cancelled in advance, ceases to be an alternate member when the Member in respect of which he became a member of the queue is deemed to have vacated his Office or otherwise ceased to be a member of the Council in accordance with the provisions of this Act but without prejudice to the alternate member appointed as a member or reappointed as an alternate member.
The Schedule shall apply to Council and a member of 11C. The provisions of the Schedule shall apply in respect of the Member and the Member gilirnya.
Rules 12. The Minister may make rules in General to implement better the provisions of this Act and, without prejudice to the generality of the aforesaid, the rules may — (a) provide for procedures for the application and issuance of replacement licences and duplicates if a licence of the original is lost, damaged or destroyed;
Industrial coordination 13 (b) establish a procedure for appeals under this Act and the fees payable therefor; and (c) prescribing anything required by this Act that may be prescribed.
Person aggrieved may appeal to the Minister of natural resources whose decision shall be final 13. (1) any person who — (a) be an applicant for the issuance of a licence aggrieved by the refusal to issue the licence;
(b) be the holder of a licence is aggrieved by — (i) the imposition of such conditions on the licences;
(ii) alteration, or refusal to amend, any of the conditions imposed on his/her license; or (iii) the cancellation of his/her license; or (c) aggrieved by the refusal to approve the transfer of ownership of a licence may, within a period of forty-five days from the date of the decision of the licensing officer relayed to him, appeal to the Minister in the prescribed manner.
(2) the Minister may, after hearing the appeal, make such order as he may deem fit and such order shall be final and shall not be questioned in any court.
License remain in force pending the results of the appeal 14. (1) where an appeal under paragraph 13 (1) (b) or (c), such licence shall remain in force as if the licensing officer does not make a decision until the appeal was decided.
(2) Notwithstanding subsection (1), the licensing officer can meanwhile exercising any power conferred upon him by this Act in respect of the license for any reason that is not covered by the appeal.
Laws of Malaysia ACT 15614 Cancellation shall be published 15. (1) in the absence of any appeal against the cancellation of a licence by the licensing officer within the stipulated time is made, the Minister shall publish the revocation by notification in the Gazette.
(2) if the Minister makes an order to revoke a licence, the Minister shall publish the revocation by notification in the Gazette.
Be an offence not to comply with or enforce an order made under section 13 15A. A person who fails to comply with or enforce an order made under subsection 13 (2), commits an offence and may be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or both common and if the person continues to do them after doing it the first time, he can also be further liable to a fine not exceeding two hundred dollars for each day he continues committing such offence.
Saving for existing license
16. Every licence issued by the Minister under section 4 before the commencement of the industrial coordination Act (Amendment) Act 1977 [Act A401] shall, when the amendments come into force, deemed to be a licence issued by the licensing officer under this Act and subject to the terms and conditions imposed on the licence.
Power to compound a specific offence 17. (1) If a person commits an offence under subsection 10 (2) or section 15A, licensing officer may at any time prior to the commencement of the hearing of the case against that person, the compounding and memerintahkannya to pay any amount of money, not exceeding the maximum fine amount, as may be deemed fit by the licensing officer.
Industrial coordination 15 (2) if the licensing officer intends to be compounding an offence, he shall give notice in writing of his intention to do so to the person and the notice shall also specify — (a) the date and place of the occurrence of the offence and the offence committed;
(b) the amount of money to be paid to compound the offence; and (c) the date no-no later than the amount of money that must be paid.
(3) if that person agrees that the offence compounded, he shall confess guilty of an offence and shall pay the sum specified that no-no later than the date specified and following that, licensing officer shall make an order declaring that it was compounded and the order shall also, mutatis mutandis, containing the particulars specified in paragraph 2 (a), (b) and (c).
(4) an order made under this section the compound an offence shall be final and not subject to any appeal.
Those in respect of which the offence compounded cannot be claimed in respect of the offence 18. (1) a person in respect of which an offence compounded under section 17 shall not be claimed in respect of the offence and if any prosecution brought against him, be a sufficient defence for him to prove that the offence has been compounded under that section.
(2) an order made under subsection 17 (3) must, when forwarded before any court, be regarded as evidence of the occurrence of the offence compounded and about other matters stated therein.
Laws of Malaysia ACT 15616 Liability certain people for the offence committed by the company, partnership or group of persons 19. (1) where an offence under this Act or any rules made thereunder has been committed by a person or a manufacturer that is a corporation, partnership or group of persons, any person that at the time of the offence was a Director, Manager or other officer serving on the nature of management or a partner of the company, partnership or group of persons or purporting to act on any such property shall be deemed to commit the offence unless he proves that the offence has been done anonymously, agreed and pembiarannya and that he has undertaken every effort is necessary to prevent the occurrence of the offence as he ought to be carried out by him with regard to the type of functions on the properties and all the circumstances that exist.
(2) there is nothing in this section shall be construed as excluding a company, partnership or group of persons from any liability for an offence under this Act or any rules made thereunder or under any other written law.
(3) for the purposes of this section, the expression "company" and "sharing" shall each have the meaning given to that expression in the law relating to companies and partnerships.
Delivery of statements or other information, notice, certificate, decision and order 20. (1) statement or other information relating to a person's manufacturing activities required manufacturer or given a notice given, a certificate is issued, a decision or order made under this Act or any rules made thereunder may be served personally or sent by registered post.
(2) any statement or other information or notice, certificate, decision or order sent by registered post shall be deemed to have been duly delivered to that person (including a partnership) to whom it is addressed on the day following the day on which the statement or other information or notice, certificate, industrial coordination results 17 or the order should have been received in the normal course of the post if it's addressed — (a) in the case of the Minister or officer licensing , to one of them, in accordance with the requirements of the situation, in the Ministry;
(b) in the case of a company, partnership or group of persons having a registered office in Malaysia, at the registered office or, if no registered office like that, to the principal place of business of the company, partnership or group is in Malaysia or, if no such a principal place of business in Malaysia, to a place where any other activities for the company, partnership or group is carried out; and (c) in the case of an individual, to his last known address.
Certificate of licensing officers to be prima facie evidence of certain matters stated it 21. If in proceedings for an offence under this Act or any rules made thereunder, it is necessary to prove that — (a) any person has or not licensed on a specific date;
(b) a licence subject to any specific conditions;
(c) a licence has been cancelled, a certificate in writing purporting to be signed by the licensing officer stating that — (i) the person has been or not licensed at that date;
(ii) the licence was issued are subject to a specific condition;
(iii) the license has been revoked, shall be prima facie evidence of the matters stated therein and the licensing officer can not be examined about the contents of the certificate unless the three clear days notice was served to him prior to the commencement of the hearing of the laws of Malaysia ACT 15618 the case of intention to do so and further stating the particulars intended for challenged it: provided that such certificate shall be delivered to the defenders at least ten clear days before the commencement of the hearing.
The sessions Court has full jurisdiction of 22. Notwithstanding the provisions of any written law to the contrary, a sessions Court shall have jurisdiction to try an offence under this Act or any rules made thereunder and to award the full sentence for him.
TABLE [section 11C] disqualified for appointment as or from becoming a Council Member; clear positions; the term of Office 1. (1) any of the following person is disqualified for appointment as or from becoming members of the Council: (a) a person who is not of unsound mind or for any other reason unable to perform his duties as a Member;
(b) any person found guilty of an offence involving fraud, dishonesty or moral turpitude; and (c) a person who is bankrupt or requests for the benefit of any law for the relief of bankrupt or debtor the needy or make any arrangement or settlement with his creditors.
(2) a member of the Council shall be deemed to have vacated his Office: (a) when he dies;
(b) when he or she resigns or his appointment is revoked;
(c) when he did not attend meetings of the Council three times consecutive-also without the consent of the Minister; or (d) if he is disqualified under any of the provisions of subparagraph (1), and in any such situation, a new Member shall be appointed to replace it in accordance with the provisions of this Act.
Industrial coordination 19 (3) every Member of the Council shall, unless he sooner resigns or his appointment is sooner revoked, hold office for a term of not more than two years and be eligible for re-election: provided that a new Member appointed in accordance with subparagraph (2) shall hold office for the remainder of the members replace but he is eligible for re-election.
(4) the provisions of this paragraph shall be without prejudice to the powers of the Minister may be exercised under subsection 11A (3).
Dispute as to whether a Council member is deemed to have vacated office or not shall be referred to the Minister of natural resources whose decision shall be final 2. (1) any dispute as to whether a Council member is deemed to have vacated his post or not shall be referred to the Minister of natural resources whose decision shall be final and shall not be questioned in any court.
(2) for the purposes of paragraph 1 and of this paragraph, the expression "Member" includes a member of the queue.
Ring, the quorum, as the procedure vote and keep the minutes of meetings of the Council 3. (1) the Council shall meet twice a year and shall, in addition, meet whenever five members or more make a request in writing addressed to the Chairman of that Council meeting.
(2) nine members shall form a quorum at the meeting of the Council.
(3) where on a matter to be decided by the Council, the same number of votes found in abundance, the Chairman or, if he is not present, a member who chaired the meeting shall be entitled to give a casting vote in addition to the votes normally.
(4) subject to this Act, the Council shall establish its own procedure.
(5) the minutes of all meetings of the Council shall be kept and copies thereof shall be submitted to the Minister.
The Chairman, or if he is not present, the members to be elected shall preside at meetings of the Council 4. (1) the Chairman of the Council shall preside at all meetings of the Council.
(2) where, by reason of the absent or unable to act due to illness or any other reason, the Chairman could not chair the laws of Malaysia ACT 15620 any Council meeting, the members present shall elect one of them to chair the meeting and those who elected it may exercise all the powers of the Chairman in the meeting.
(3) there are any business can be carried out at the meetings of the Council during the absence of the Chairman until a member has been elected to chair the meeting.
Payment of allowances to members and alternate members of the Council 5. Every person a member and an alternate member of the Tribunal may be paid such allowances as determined by the Minister.
Industrial coordination 21 laws of MALAYSIA Act 156 INDUSTRIAL COORDINATION ACT 1975 LIST AMENDMENT law short title of the Act in effect amend A401 the industrial coordination Act 01-02-1978 (Amendment) Act 1977 A462 the industrial coordination Act 15-01-1980 (Amendment) 1979 P.U. (A) 357/1980 order of the subordinate courts act 01-06-1981 (extension) 1980 laws of Malaysia ACT 15622 laws of MALAYSIA Act 156 INDUSTRIAL COORDINATION ACT 1975 LIST of SECTION AMENDED Section Power amend the effect from the long Title of the Act A462 15-01-1980 2 A401 Act 01-02-1978 Act A462 15-01-1980 3A Act A462 15-01-1980 4-6 Act A401 01-02-1978 7 A401 Act 01-02-1978 Act A462 15-01-1980 7A A401 Act 01-02-1978 9 A401 Act 01-02-1978 10 A401 Act 01-02-1978 Act A462 15-01-1980 11A-11C Act A462 15-01-1980 12 A401 Act 01-02-1978 13 A401 Act 01-02-1978 Act A462 15-01-1980 14 A401 Act 01-02-1978 Act A462 15-01-1980 15 A401 Act 01-02-1978 15A A462 Act 15-01-1980 16 A401 Act 01-02-1978 17-22 Act A462 15-01-1980 Table Act A462 15-01-1980