employees provident fund epf act 1991 malaysia

LAWS OF MALAYSIA

Act 452

EMPLOYEES PROVIDENT FUNDACT 1991

3

LAWS OF MALAYSIA

Act 452


ARRANGEMENT OF SECTIONS

PART IPRELIMINARY

Seclion

1. Short title and commencement.2. Interpretation.

PART II

THE BOARD AND THE INVESTMENT PANEL

3. Establishment of the Board.4. Membership of the Board.5. Alternate members.6. Tenure of office.7. Resignation and revocation.8. Vacation of office.9. Chairman and six other members to form quorum of the

Board.10. Chairman to have casting vote.11. Power of Minister to give directions.12. Duty to furnish the Minister with information.13. Authentication of seal.14. Powers and duties of the Board.15. General reserve and other reserve accounts.16. Board may establish any committee.17. Power to grant loans and make advances to its officers and

servants.18. Establishment and membership of the Investment Panel.19. Vacation of office.20. Quorum and conduct of proceedings.21. The Chairman of the Investment Panel to have casting vote.22. Disqualification from membership of the Board and the

Investment Panel.23. Disclosure of interest.

[Arrangement of Sections]

4 ACT 452

PART III

THE FUND

Section

24.

25.

26.

27.

28.

29.

30.

31.

32.

33.

34.

35.

36.

37.

38.

39.

Establishment of Employees Provident Fund.

Board shall be trustee of the Fund.

Investment of the Fund.

Declaration of dividend.

Provision for advancement from the Pederal ConsolidatedFund.

Audit of the Fund's annual accounts.

PART IV

APPOINTMENT OF OFFICERS AND SERVANTS,THEIR POWERS,FUNCTIONS AND DUTIES

Appointment of General Manager, Deputy GeneralManagers, Assistant General Managers and other officersand servants of the Board.

Establishment of a Disciplinary Committee in respect ofDeputy General Managers, Assistant General Managers,and other officers and servants of the Board.

Imposition of surcharge.

Establishment of a Promotion Committee in respect ofofficers and servants of the Board.

Appointment of Inspectors, their powers, functions andduties.

Powers of entry, examination and search.

Obstruction to exercise of powers by an Inspector.

Power to examine persons.

Powers of General Manager to ask for information andapplication for search warrant.

The General Manager may issue certificate to InspectorGeneral of Police or the Director General of Immigrationto prevent any person Ieaving Malaysia in certaincircumstances.


EMPLOYEES PROVIDENT FUND 5

PART V

CONTRIBUTIONS TO THE EMPLOYEES PROVDENT FUND

Section

40.

41.42.

43.44.45.46.47.48.49.50.51.52.53.

54.55.56.57.58.

59.60.61.

62.63.64.

Duty of corporation to notify the Board of its incorporationor registration.Duty of employer to register with the Board.Duty of employer to prepare and furnish statement ofwages.Rate of contributions.Transfer of retirement benefit.Payment of contributions.Joint and several liability of directors, etc,Employer's contribution irrecoverable from employee.Recovery by employer of employee's contribution.Interest on contributions in arrears.Contributions to be paid into the Fund.Contributions and deposits not to be assigned or attached.Approved funds.Winding up of approved fund.

PART VI

WITHDRAWAL OF CONTRIBUTIONS

Authority for withdrawals from the Fund.Periodical payments in lieu of lump sum payment.Release of employer's contributions.Payment for withdrawal.Payment of additional amount.

PART VIIOFFENCES AND PROCEEDINGS

Incorrect declaration, failure to furnish return, elc.General penalty.Attempts, preparations, abetments and conspiraciespunishable as offences.One trial for any number of offences.Court order.Certificate of autborized officer of the Board to be evidence.


6 ACT 452

Section

65.

66.

67.68.

69.70.

71.72.

73.74.

75.76.77.78.79.80.81.82.83.84.85.86.

Civil proceedings to recover contributions.Protection of contributions in execution proceeding or saleunder security.Conduct of civil proceedings.Power of officer of the Board to prosecute offences underthe Act.Offences by body corporate.Members of the Board, Investment Panel and officersdeemed as public servants.

PART VIII

POWER TO MAKE REGULATIONS AND RULES

Powers of Minister to make regulations.Powers of Minister to require other person to contribute anddeclare any payment or remuneration as wages.Powers of the Board to make rules.Powers of Minister to amend the Schedules.

PART IX

REPEAL AND TRANSITIONAL PROVISIONS

Repeal of the Employees Provident Fund Act 1951.Continuance of laws, etc.Transfer of powers, rights, liabilities and duties.Transfer of property.Existing contracts.Continuance of criminal and civil proceedings.Transfer of Fund.Continuance of officers and servants.Pending disciplinary proceedings.Transfer of member of the Fund.Transfer of registration of employers.Prevention of anomalies.SCHEDULES.

7

LAWS OF MALAYSIA

Act 452


An Act to amend and re-enact the law relating toprovident fund for persons employed in certainoccupations and for matters incidental thereto.

[ ]

BE IT ENACTED by the Duli Yang Maha Mulia SeriPaduka Baginda Yang di-Pertuan Agong with the adviceand consent of the Dewan Negara and Dewan Rakyat inParliament assembled, and by authority of the same, asfollows:

PART I

PRELIMINARY

1. (1) This Actmay becited as the Employees ProvidentFund Act 1991.

(2) This Act shall come into force on such date as theMinister may, by notification in the Gazette, appoint.

2. In this Act, unless the context otherwise requires—

"additional amount" means the amount payable undersection 58;

"amount of wages for the month" means—

(a) in respect of an employee paid monthly or atintervals of longer than a month, the amount ofwages due to him in respect of the month; or

Short titleand com-mencement.

Interpretalion.

[Part I, S. 2]

8 ACT 452

(b) in respect of any other employee, the aggregateamount of wages due to him on such pay daysas fall within the month:

Provided that where arrears of wages are paid to anemployee upon any wage revision, such arrears of wagesshall for the purposes of this Act be deemed to be partof the amount of wages for the month in which thearrears of wages are paid in addition to the amount ofwages due to him in respect of the month referred to inparagraph (a) or (b):

"appointed day" means the day appointed by theMinister under section 1(2);

"approved company" means a company—

(a) incorporated in Malaysia and having a place ofbusiness in Malaysia;

(b) (i) having as its sole or primary object thepromotion of home ownership by advancingfor the purchase of lands and buildingssums of money, repayable by instalments ofprincipal and interest over a fixed period ofyears, not exceeding at any time thevaluation of such lands and buildings madeby a licensed land surveyor or a licensedappraiser; or

(ii) in which the Government of Malaysia hasparticipation and having as its sole orprimary object the financing of industries;and

(c) approved by the Minister by notification in theGazette for the purpose of receiving loans fromthe Board in accordance with section 26;

"approved fund" m e a n s -

(a) a provident fund or other scheme for the benefitof employees established by an employer or by

[Part I, S. 2]


a group of employers and declared by theBoard under section 52 to be an approved fund,and includes—

(i) any scheme in respect of persons who arein the employment of the Government ofMalaysia, any State Government or anystatutory or local authority and areemplaced on the pensionable establish-ment;

(ii) any arrangement in respect of persons inthe employment of any organisationwhere the appointment to suchorganisation is made by or with theapproval of the Government of Malaysia.of a person who prior to such appointmentwas in the employment of theGovernment of Malaysia, any StateGovernment or any statutory or localauthority and where the period of servicewith such organisation is reckonable forthe purposes of the grant of any pension,gratuity or other benefit by theGovernment of Malaysia under anywritten law relating to pensions,

and if any doubt arises as to whether any personis in such employment or not, the decision ofthe Minister shall be final; or

(b) any scheme expressly established by anywritten law immediately before the 6th August1970, for the benefit of the employees in anytrade, business, industry or occupation:

Provided that such scheme shall cease to bean approved fund upon the Minister declaringthat it shall cease to be so;

"Board" means the Employees Provident Fund Boardestablished under section 3;

"Chairman" in relation to the Board includes theDeputy Chairman;

[Part I, S. 2]

10 Acr-452

"credit" means the contributions standing to theaccount of a member of the Fund together with anydividend thereon;

"employee" means any person, not being a person ofthe descriptions specified in the First Schedule, who hasattained the age of sixteen years and is employed undera contract of service or apprenticeship, whether writtenor oral and whether expressed or implied, to work for anemployer;

"employer" means the person with whom an employeehas entered into a contract of service or apprenticeshipand includes—

(a) a manager, agent or person responsible for thepayment of salary or wages to an "employee";

(b) any body of persons whether or not statutory orincorporated; and

(c) any Government, department of Government,statutory bodies, local authorities or otherbodies specified in the Second Schedule and,where an employee is employed with any suchGovernment, department, authority or body orwith any officer on behalf of any suchGovernment, department, authority or body,the officer under whom such employee isworking shall be deemed to be an employer:

Provided that no such officer shall bepersonally liable under this Act for anythingdone or omitted to be done in good faith by himas an officer of such employer;

"Fund" means the fund set up under section 24;

"house" means any dwelling house built or being builtand includes a flat, condominium or shophouse buil t orbeing built for the purpose of dwelling or partly fordwelling and partly for carrying on a business, trade orprofession therein;

[Part I. S. 2]


"Inspector" means .an Inspector appointed undersection 34 and includes a Probationary Inspector;

"member of the Fund" means a person who has anaccount with the Fund;

"month" means a calendar month or a part thereof;

"new scheme" means the revised salaries and termsand conditions of service of employees in the service ofthe Government of Malaysia or of any State or of astatutory or local authority arising from the revision ofsalaries and terms and conditions of service of suchemployees made by the Government of Malaysia or ofany State;

"pensionable employee" means an employee who hasbeen emplaced in the appropriate pensionableestablishment or is deemed to have been so emplacedunder any written law affecting the emplacement ofemployees in the appropriate pensionable establishmentby the Government of Malaysia or of any State or by anystatutory or local authority;

"person" includes any agent, company, association orbody of persons corporate or unincorporate;

"self-employed person" means any person who isgainfully occupied and is not an employee;

"service charge" means any money or payment,whether in the form of a service charge, a service fee,a tip, or otherwise howsoever described, which has beenpaid by, charged on, collected from, or voluntarily givenby, a customer or any other person (not being theemployer) in relation to the employer's business andwhich is payable to an employee whether in whole or inpart, directly or indirectly, and whether under a contractof service between the employer and the employee, orotherwise;

"wages" means all remuneration in money, due to anemployee under his contract of service or apprenticeshipwhether agreed to be paid monthly, weekly, daily orotherwise and includes any bonus or allowance payable

[Part I-II S. 2-4]

12 ACT 452

by the employer to the employee whether such bonus orallowance is payable under his contract of service,apprenticeship or otherwise, but does not include—

(a) service charge;(b) overtime payment;(c) gratuity; or(d) retirement benefit.

PART II

THE BOARD AND THE INVESTMENT PANEL

3. For the purposes of managing the Fund and forcarrying into effect the purposes of this Act, there ishereby established a body corporate by the name of"Employees Provident Fund Board" with perpetualsuccession and a common seal, and which may sue andbe sued in its corporate name and, subject to and for thepurposes of this Act, may enter into contracts and mayacquire, purchase, take, hold and enjoy movable andimmovable property of every description and mayconvey, assign, surrender, yield up, charge, mortgage,demise, reassign, transfer or otherwise dispose of, ordeal with any movable or immovable property or anyinterest therein vested in the Board upon such terms asit deems fit.

4. (1) The Board shall consist of—(a) a Chairman;(b) a Deputy Chairman to be appointed from

amongst the persons referred to in paragraph

(c) the General Manager, who shall be an ex-officio member; and

(d) not more the eighteen other members ofwhom—

(i) five shall be persons who are holdingoffice of emolument under theGovernment of Malaysia or of a State;

Establish-ment ofthe Board.

Member-ship ofthe Board.

[Part II, S. 4-5]


(ii) five shall be employers contributing tothe Fund and not being persons holdingoffice of emolument under theGovernment of Malaysia or of a Stateor employed by any statutory or localauthority;

(iii) five shall be employees contributing tothe Fund; and

(iv) three shall be persons who shall haveexperience in finance, business or otherrelevant experience.

(2) Where the Chairman is not a representative of theMinistry of Finance, the Minister shall appoint' arepresentative of the Ministry of Finance to be a memberof the Board under subsection (l)(d)(i) who shall also beappointed the Deputy Chairman.

(3) Members of the Board shall be appointed by theMinister and, subject to sections 6 and 7 shall, unlessthey sooner resign or their appointment is soonerrevoked, hold office for such term as the Minister maydetermine.

(4) Members of the Board shall not be entitled to anyremuneration but may be paid such honorarium andtravelling and subsistence allowances as the Ministermay determine:

Provided that where, the Chairman is also the GeneralManager, he shall be paid such salary or allowances asthe Board may, with the concurrence of the Minister,determine.

5. (1) The Minister may in respect of each of themembers appointed under section 4(l)(d)(i) appoint byname a person to be an alternate member to attendmeetings of the Board in place of the member when themember is for any reason unable to attend.

Alternatemembers.

[Part II, S. 5-9]

14 ACT 452

(2) When attending meetings of the Board in place ofa member, an alternate member shall for all purposes bedeemed to be a member of the Board.

(3) An alternate member shall cease to be an alternatemember when the member in respect of whom he is analternate member ceases to be a member of the Board.

6. Subject to sections 7(2), 8, and 22 a member of theBoard, other than the General Manager, shall hold officefor a term not exceeding three years and shall be eligiblefor reappointment.

7. (1) A member of the Board, including the DeputyChairman, may at any time resign his office by a writtennotice addressed to the Chairman, and in the case of theChairman by a written notice addressed to the Minister.

(2) The Minister may at any time revoke theappointment of a member of the Board if he thinks it isexpedient so to do without assigning any reason therefor.

8. A member of the Board shall be deemed to havevacated his office—

(a) upon his death; or

(b) upon his failure to attend three consecutivemeetings of the Board without the permissionof the Chairman.

9. (1) The Chairman or the Deputy Chairman and sixother members shall form a quorum at all meetings of theBoard.

(2) In the absence of the Chairman, the DeputyChairman shall preside at all meetings of the Board and,may exercise all the powers of the Chairman in respectof that meeting.

Tenure ofoffice.

Resignationandrevocation.

Vacationof office.

Chairmanand six olhermembers loform quorumof the Board.

[Part II, S. 9-14]


(3) The Board shall have powers to determine theconduct of its proceedings.

10. (1) If on any question to be determined there is anequality of votes, the Chairman shall have the castingvote in addition to his original vote.

(2) Where the Chairman is also the General Manager,he shall have no vote in his capacity as the GeneralManager.

11. The Minister may give to the Board directions of ageneral nature not inconsistent with the provisions ofthis Act as to the exercise of the functions and powersof the Board and the Board shall give effect to thosedirections.

12. The Board shall furnish the Minister with suchinformation relating to its activities as he may, from timeto time, require.

13. All deeds, documents and other instrumentsrequiring the seal of the Board shall be sealed with thecommon seal of the Board in the presence of theChairman and the General Manager, or either theChairman or the General Manager and one other memberof the Board, and any deed, document or instrumentpurporting to be sealed with the common seal of theBoard and so authenticated shall until the contrary isproved, be deemed to have been validly executed:

Provided that where the Chairman is also the GeneralManager the common seal of the Board shall be sealedin the presence of the Chairman and one other memberof the Board.

14. (1) The Board shall have such powers and shallperform such duties as are given or imposed by this Act.

(2) The Board may, by instrument under its seal,appoint any person and delegate to such person whetherin Malaysia or any place outside Malaysia all or any of

Chairmanto havecastingvote.

Power ofMinister togivedirections.

Duty tofurnish theMinister withinformation.

Authen-ticationof seal.

Powers andduties of theBoard.

[Part II, S. 14-181

16 ACT 452

such powers and duties of the Board and the person soappointed may, subject to the instrument, do any act orexercise any power or carry out any duty which he isauthorized by the instrument to do or execute.

(3) The Board may employ and pay agents, advocatesand solicitors, bankers, stockbrokers or any otherpersons, to transact any business or do any act requiredto be transacted or done in the exercise of its powers orin the carrying out of its duties or for the better carryinginto effect of the purposes of this Act.

15. (1) The Board may establish and manage a generalreserve and other reserve accounts.

(2) The payment into and out of the reserve accountsshall be determined by the Board.

16. Notwithstanding any other provisions of this Act,the Board may appoint any person or establish anycommittee in respect of any matter relating to themanagement and administration of the Fund.

17. The Board may grant loans and make advances to itsofficers and servants on such terms and conditions as theBoard may determine.

18. (1) There shall be established an Investment Panelresponsible for matters pertaining to the investments ofthe Fund which shall consists of the following members:

(a) the Chairman, or any other person to beappointed by the Minister, who shall be theChairman of the Investment Panel;

(b) the Governor of Bank Negara Malaysia or hisrepresentative;

(c) a representative of the Ministry of Finance;

(d) the General Manager, who shall be an ex-officio member; and

Generalreserve andother reserveaccounts.

Board mayestablish anycommittee.

Power togrant loansand makeadvances toits officersand servants.Establishmentand member-ship of theInvestmentPanel.

[Part II, S. 18-21]


(e) three other persons who shall have experiencein finance, business or other relevantexperience, to be appointed by the Minister.

(2) The Investment Panel shall be subject to suchdirections issued by the Board and approved by theMinister, from time to time.

(3) Members of the Investment Panel shall not beentitled to any remuneration but may be paid suchhonorarium and travelling and subsistence allowances asthe Board may, with the approval of the Minister,determine.

19. A member of the Investment Panel shall be deemedto have vacated his office—

(a) upon his death; or

(b) upon his failure to attend three consecutivemeetings of the Investment Panel without thepermission of the Chairman of the InvestmentPanel.

20. (1) The Chairman of the Investment Panel and twoother members of the Invstment Panel shall form aquorum at all meetings of the Irwestment Panel.

(2) Subject to section 18(2), the Investment Panelshall have powers to determine the conduct of itsproceedings.

21. (1) If on any question to be determined there is anequality of votes, the Chairman of the Investment Panelshall have the casting vote in addition to his originalvote.

(2) Where the Chairman is also the General Managerand he is appointed to be the Chairman of the InvestmentPanel, he shall have no vote in his capacity as theGeneral Manager.

Vacationof office.

Quorum andconducl ofproceedings.

The Chairmanof theInvestmentPanel tohave castingvote.

[Part II, S. 22-23]

18 ACT 452

22. The following persons shall be disqualified frombeing appointed as a member of the Board or theInvestment Panel or if he is a member of the Board orInvestment Panel he shall cease to be such a member:

(a) a person who is of unsound mind or is otherwiseincapable of performing his duties;

(b) a person who has been convicted of an offenceand sentenced to imprisonment for a term ofnot less than one year;

(c) a person who has been convicted of an offenceinvolving fraud, dishonesty, or moral turpitude;or

(d) a bankrupt.

23. (1) Every member of the Board or the InvestmentPanel, having directly or indirectly by himself, hisspouse or children, any interest in any matter underdiscussion by the Board, the Investment Panel or anycommittee of which he is a member, shall disclose to theBoard, the Investment Panel or committee, as the casemay be, the fact of his interest and the nature thereof assoon as practicable after the relevant fact has come to hisknowledge.

(2) Any member of the Board, the Investment Panelor committee who fails to disclose his interest asprovided under subsection (1) shall be guilty of anoffence and shall, on conviction, be liable toimprisonment for a term not exceeding three years or toa fine not exceeding ten thousand ringgit or to both.

(3) Every declaration under this section shall berecorded in the minutes of the Board, the InvestmentPanel or committee, and after any declaration madeunder subsection (1) the member of the Board, theInvestment Panel or committee, as the case may be,shall—

(a) not take part nor be present in any deliberationor decision of the Board, the Investment Panelor committee relating to the matter; and

Disqualifi-cation frommembershipof the Boardand theInvestmentPanel.

Disclosureof interest.

[Part II-III, S. 23-24]


(b) be disregarded for the purposes of constitutinga quorum of the Board, the Investment Panel orcommittee for such deliberation or decision.

(4) No act or proceedings of the Board, the InvestmentPanel or committee shall be invalidated on the groundthat any member of the Board, the Investment Panel orcommittee has contravened the provisions of this section.

PART III

THE FUND

24. (1) For the purpose of this Act there shall beestablished a fund to be called the "Employees ProvidentFund", into which shall be paid—

(a) all contributions required to be made under thisAct;

(b) money earned by carrying out any project,scheme or enterprise financed from the Fund;

(c) moneys earned or arising from any property,investments, mortgages, charges or debenturesacquired by or vested in the Board; and

(d) all other sums or property which may in anymanner become payable to or vested in theBoard in respect of any matter incidental to itspowers and duties.

(2) The Fund shall be expended for the purpose of—

(a) meeting all payments required to be madeunder this Act;

(b) granting loans under section 26(d):

(c) granting of loans and making of advances toofficers and servants of the Board;

(d) paying, any expenses lawfully incurred by theBoard including survey or legal fees and costsor any other fees and costs and, the

Establishmentof EmployeesProvidentFund.

[Part III, S. 24-26]

20 ACT 452

remuneration of officers and servants appointedand employed by the Board includingsuperannuation allowances, pensions orgratuity;

(e) paying any other expenses, costs or expenditureproperly incurred or accepted by the Board inthe execution of its powers and the carrying outof its duties under section 14;

(f) repaying any moneys borrowed under this Actif any, and the interest due thereon; and

(g) generally paying any expenses for carrying intoeffect the provisions of this Act and inconnection with the administration of the Fund.

25. The Board shall be the trustee of the Fund.

26. Subject to section 18(2), the moneys belonging tothe Fund shall be invested in the following manner:

(a) be deposited in—

(i) Bank Negara Malaysia;(ii) banks duly licensed under the Banking

and Financial Institutions Act 1989; or(iii) any other financial institution duly

licensed under the Banking and FinancialInstitutions Act 1989 and approved bythe Minister;

(b) be invested in bonds, mortgage papers,commercial notes, banker's acceptances,money market papers, certificates of depositsand promissory notes and bills of exchangewithin the meaning of the Bills of ExchangeAct 1949;

(c) be invested in accordance with the provisionsof the Trustee Act 1949:

Provided however, where the Board investsin or upon titles to immovable property in

Board shallbe trustee ofthe Fund.Investmentof the Fund.

Act 372.

Act 204.

Act 208.

[Part III, S. 26]


Malaysia in accordance with section 4(l)(c) ofthe Trustee Act 1949, such immovable propertymay or may not yield any income at the timeof such investment;

(d) be invested in loans to an approved company orthe buying of shares in an approved company;

(e) be invested in special housing loans to anapproved company; or

(f) be invested in such other securities or any jointventure or participate in any privatisationprogramme or any other form of investments asthe Minister may approve:

Provided that, unless the Minister shall first haveotherwise authorized in writing—

(a) no moneys belonging to the Fund shall, exceptin the case of moneys invested in loans to anapproved company or the buying of shares inan approved company in accordance with thissection, be invested or re-invested outsideMalaysia; and

(b) the Board shall invest or re-invest at least fiftyper centum, of the moneys belonging to theFund and invested or re-invested during anyone year, in securities issued by theGovernment of Malaysia provided that the totalamount of moneys so invested in such securitiesat any one time shall not be less than seventyper centum of the Fund's total investments:

Provided also that in the case of loans to an approvedcompany or the buying of shares in an approvedcompany—

(a) no moneys shall be invested unless—

(i) the paid up ordinary share capital of theapproved company is not less than fivemillion Malaysian ringgit;

[Part III, S. 26]

22 ACT 452

(ii) the approved company has paid adividend at the rate of not less than fiveper centum upon such ordinary sharecapital during each of the last three yearsprior to the time of investment and wherethe approved company is a companywhich has acquired the assets andliabilities of another approved company,payment of a dividend by that othercompany during each of the last threeyears prior to the time of such acquisitionshall be treated as payment by theapproved company; and

(iii) in the case of an approved companyhaving as its sole or primary object thepromotion of home ownership and, thetotal amount of the borrowings of theapproved company from all sources,excluding the amount of any specialhousing loan, whether trustee or not,accepted by the approved company onloan and deposit, and including interestdue thereon and not repaid by theapproved company, does not at any timeexceed three-fourths of the amount,excluding prospective interest, for thetime being secured to the approvedcompany from its borrowers;

(b) a certificate that the provisions of paragraph (a)of this proviso were complied with in respectof the last financial year of the approvedcompany, if incorporated in the auditor's reportannexed to the approved company's annualaccounts required to be prepared under theCompanies Act 1965, to which the approvedcompany is subject, shall be conclusive infavour of the Board making such investment;and

Act 125.

[Part III, S. 26-27]


(c) any agreement as to repayment made betweenthe Board and the approved company shall beimmediately determined if—

(i) the approved company shall cease tocomply with any of the provisions ofparagraph (a) of this proviso;

(ii) the approved company shall fail to obtaina certificate in the terms and in themanner stated in paragraph (b) of thisproviso; or

(iii) the Minister shall, at any time bynotification in the Gazette, order that thecompany shall cease to be an approvedcompany in consequence of hisconsidering that the company hasdeparted from its sole or primary object,

and any moneys belonging to the Fund shall berepayable immediately thereupon.

27. At or after the end of the financial year, being the31st December of each year, the Board shall declare arate of dividend in respect of that year, being not lessthan two and one half per centum per annum and, subjectto section 50, dividend shall be payable on contributionsto the Fund at such rate:

Provided that—

(a) no rate of dividend exceeding two and one halfper centum per annum shall be so declaredunless the Board is satisfied that in its opinionthe ability of the Fund to meet all paymentsrequired to be paid under this Act is notendangered by the declaration of such rate; and

(b) no fate of dividend exceeding two and one halfper centum per annum shall be so declared ifany sums advanced by the Government ofMalaysia under section 28 have not then beenrepaid.

Declarationof dividend.

[Part III-IV, S. 28-30]

24 ACT 452

28. If the Fund is at any time unable to pay any sumwhich the Fund is required to pay under this Act, the sumrequired to be so paid shall be charged on and advancedto the Fund from the Federal Consolidated Fund and theFund shall as soon as practicable repay to theGovernment of Malaysia the sum so advanced.

29. The annual accounts of the Fund shall be audited inaccordance with the provisions of the Statutory Bodies(Accounts and Annual Reports) Act 1980.

PART IVAPPOINTMENT OF OFFICERS AND SERVANTS, THEIR

POWERS,FUNCTIONS AND DUTIES

30. (1) The Minister shall appoint a fit and properperson, on such terms and conditions as he maydetermine, to be the General Manager.

(2) Where no appointment of the General Manager ismade under subsection (1), the Chairman shall be theGeneral Manager.

(3) The Board shall—

(a) with the concurrence of the Minister, appointsuch number of Deputy General Managers andAssistant General Managers as it deemsappropriate; and

(b) appoint such other officers and servants as itconsiders necessary for the efficient conduct ofthe business of the Board,

on such terms and conditions, as may be determinedby the Board.

(4) The General Manager shall, subject to thedirection of the Board on matters of policy, be chargedwith the day to day administration and management ofthe affairs of the Board and the administrative control ofits officers and servants.

Provisionfor advance-menl fromthe FederalConsolidatedFund.

Audit ofthe Fund'sannua!accounts.Act 240.

Appoint-ment ofGeneralManager,DeputyGeneralManagers,AssistantGeneralManagersand otherofficers andservants ofthe Board.

[Part IV, S. 30-31]


(5) Subject to sections 31 and 33, it shall be the dutyof the Board to appoint, confirm, emplace on thepermanent or pensionable establishment, promote,transfer and exercise disciplinary control over its officersand servants.

(6) The Board may delegate to any member of theBoard, officer or to any committee, comprising of suchmembers or officers or both such members and officers,appointed by it, any of its functions under subsection (5)and that member, officer or committee shall exercisethose functions under the direction and control of theBoard.

31. (1) Subject to subsection (4), the disciplinaryauthority of the Board in respect of Deputy GeneralManagers and Assistant General Managers shall be theDisciplinary Committee of the Board which shall consistof—

(a) the Chairman, who shall be the chairman of theCommittee; and

(b) two members of the Board to be appointed bythe Board.

(2) Subject to subsection (4), the disciplinaryauthority of the Board in respect of officers and servantsof the Board other than the Deputy General Managersand Assistant General Managers shall be the DisciplinaryCommittee of the Board which shall consist of—

(a) two members of the Board to be appointed bythe Board, one of whom shall be appointedchairman of the Committee; and

(b) the General Manager, provided that where theChairman is also the General Manager, theBoard shall appoint one of the Deputy General

Establishmentof a Discipli-nary Com-mittee inrespect ofDeputyGeneralManagers,AssistantGeneralManagers,and otherofficers andservams ofthe Board.

[Part IV, S. 31]

26 ACT 452

Managers to be a member of the Committee inplace of the General Manager:

Provided that the General Manager or the DeputyGeneral Manager, as the case may be, shall not be amember of the Disciplinary Committee in anyproceedings before it in which he is the complainant, hisptace shall be taken by a member to be appointed by andfrom the members of the Board.

(3) In the exercise of its disciplinary functions, theappropriate Disciplinary Committee shall have the powerto take such disciplinary action and impose suchdisciplinary punishment as provided by any disciplinaryrules made under section 73 other than the disciplinarypunishment of dismissal or reduction in rank.

(4) Every case of an alleged breach of disciplinewhich, in the opinion of the appropriate DisciplinaryCommittee, merits dismissal or reduction in rank, shallbe referred to the Board for its determination, and indealing with such cases the Board may impose thedisciplinary punishment of dismissal or reduction in rankor such lesser punishment as provided by any disciplinaryrules made under section 73.

(5) The Disciplinary Committee established undersubsection (2) may, subject to subsection (6), delegateany of its disciplinary functions, powers or duties to anyofficer or servant of the Board, or to any committee ofofficers and servants of the Board, in respect of anyparticular officer or servant of the Board or in respect ofany class or category of officers or servants of the Board,and the officer and servant or committee delegated withsuch functions, powers or duties shall carry out, exerciseor discharge them under the direction and control of theDisciplinary Committee which shall have the power toreview, rescind or vary any decision or finding of suchofficer or servant or such committee.

[Part IV, S. 31-32]

EMPLOYEES PROYIDENT FUND 27

(6) No delegation shall be made under subsection (5)so as to enable an officer or servant of the Board toexercise any disciplinary authority or to be a member ofa committee which may exercise any disciplinaryauthority over an officer or servant who is superior tohim in rank.

(7) Any officer or servant of the Board who isdissatisfied with the decision of the DisciplinaryCommittee or of any person or committee delegated withfunctions, powers or duties under subsection (5) mayappeal against such decision to the Board which maygive such decision thereon as it deems fit and proper.

(8) When the Board considers an appeal undersubsection (7), the members of the DisciplinaryCommittee shall not participate in the deliberations ofthe Board on the appeal and shall have no vote when adecision on the appeal is taken by the Board:

Provided that the Board may, if it considers necessary,require any member of the Disciplinary Committee toassist the Board in its deliberations.

32. (1) If the Board is satisfied that any person who isor was in the employment of the Board—

(a) is or was responsible for any improper paymentof moneys from the Fund or for any paymentof such moneys which is not duly vouched;

(b) is or was responsible for any deficiency in, orfor the destruction of, any moneys, stamps,securities, stores or other property of the Board;

(c) being or having been an accounting officer,fails or has failed to keep proper accounts orrecords; or

(d) has failed to make any payment, or is or wasresponsible for any delay in the payment, ofmoneys from the Fund to any person to whomsuch payment is due under any contract,agreement or arrangement entered into betweenthat person and the Board,

Impositionof surcharge.

[Part IV, S. 32]

28 ACT 452

and if a satisfactory explanation is not furnished to theBoard within a period specified by the Board, withregard to the failure to collect, improper payment,payment not duly vouched, deficiency or destruction, orfailure to keep proper accounts or records, or failure tomake payment, or delay in making payment, the Boardmay surcharge against the said person a sum notexceeding the amount of any such amount not collected,such payment, deficiency, or loss or the value of theproperty destroyed, as the case may be; and with regardto the failure to keep proper accounts or records, or thefailure to make payment, or the delay in making payment,the Board may surcharge against the said person suchsum as the Board may think fit.

(2) The Board shall cause the General Manager to benotified of any surcharge made under subsection (1) andthe General Manager shall thereupon notify the personsurcharged.

(3) The Board may at any time withdraw anysurcharge in respect of which a satisfactory explanationhas been received or if it otherwise appears that nosurcharge should have been made, and the Board shallat once cause the General Manager to be notified of suchwithdrawal.

(4) The amount of any surcharge imposed undersubsection (1) and not withdrawn under subsection (3)shall be a debt due to the Board from the person againstwhom the surcharge is imposed and may be sued for andrecovered in any court at the suit of the Board and mayalso be recovered by deduction—

(a) from the salary of the person surcharged if theBoard so directs; or

(b) from the pension of the person surcharged ifthe Board so directs,

by equal monthly instalments not exceeding one-fourthof the total monthly salary or pension, as the case maybe, of the person.

[Part IV, S. 33]


33. (1) There shall be established a PromotionCommittee of the Board in respect of officers andservants of the Board, other than the General Manager,which shall consist of—

(a) the Deputy Chairman, who shall be thechairman of the Committee; and

(b) two members of the Board to be appointed bythe Board.

(2) The Promotion Committee shall have such powers,functions and duties relating to the promotion of theofficers and servants of the Board.

(3) The Promotion Committee may delegate any of itspowers, functions or duties to any officer or servant ofthe Board, or to any committee of officers or servants ofthe Board, in respect of any particular officer or servantof the Board or in respect of any class or category ofofficers or servants of the Board, and the officer orservant or committee delegated with such powers,functions or duties, shall carry out, exercise or dischargethem under the direction and control of the PromotionCommittee which shall have the power to review, rescindor vary any decision or finding of such officer or seryantor such committee.

(4) Any officer or servant of the Board who isdissatisfied with the decision of the PromotionCommittee or of any person or commiitee delegated withpowers, functions or duties under subsection (3) mayappeal against such decision to the Board which maygive such decision thereon as it deems fit and proper.

(5) When the Board considers an appeal undersubsection (4), the members of the Promotion Committeeshall not participate in the deliberations of the Board onthe appeal and shall have no vote when a decision on theappeal is taken by the Board:

Provided that the Board may, if it considers necessary,require any member of the Promotion Committee toassist the Board in its deliberations.

Establishmentof a PromotionCommitiee inrespect ofofficers andsemants ofthe Board.

[Part IV, S. 34-35]

30 ACT 452

34. (1) The Board may appoint such number ofInspectors as it may consider necessary for the purposesof this Act and such appointment shall be published inthe Gazette.

(2) Subject to subsection (3), an Inspector appointedunder subsection (1) shall have all the powers, functionsand duties conferred under this Act.

(3) An Inspector shall be subject to the direction andcontrol of the General Manager, or of such other officeror servant of the Board as may be authorized by theGeneral Manager to act on behalf of him, and of anyother Inspectors superior to him in rank, and shallexercise his powers, perform his functions, and dischargehis duties referred to in subsection (2) in compliancewith such directions, instructions, conditions, restrictionsor limitations as the General Manager, or an officer orservant of the Board authorized to act on behalf of him,or an Inspector superior in rank, may specify orally orin writing, either generally, or in any particular case orcircumstances.

(4) The General Manager, Deputy General Managersand Assistant General Managers shall have all the powersof an Inspector.

(5) The Board may, by notification in the Gazette,vest in such other officers of the Board with all or anyof the powers, functions and duties of an Inspector.

35. Subject to any regulations made under section 71, anInspector or an officer vested with the powers of anInspector may at any reasonable time within the locallimit of his jurisdiction if any for which he is appointed—

(a) enter any premises or place where persons arebelieved to be engaged as employees;

(b) make such examination and inquiry as may benecessary for ascertaining whether theprovisions of this Act or the regulations orrules made thereunder are being or have beencomplied with in any such premises or place;

Appoint-ment ofInspectors,their powers,Functionsand duties.

Powers ofentry,examinationand search.

[Part IV, S. 35-36]


(c) examine either alone or in the presence of anyother person with respect to any matters underthis Act on which he may reasonably requireinformation every person who he has reason tobelieve can give information respecting thesubject matter of the inquiry, and require everysuch person to be examined and for thepurposes of such examination may summonany such person to attend at the time and placespecified in such summons; and

(d) exercise such other powers as may be necessaryfor carrying this Act into effect.

36. (1) No person shall—

(a) refuse any Inspector exercising his powersunder section 35, access to any premises or partthereof;

(b) assault, obstruct, hinder or delay such Inspectorin effecting any entrance which he is entitled toeffect;

(c) fail to comply with any lawful demands of anInspector in the execution of his powers,functions and duties under section 35;

(d) refuse to give to an Inspector any informationwhich may reasonably be required of him;

(e) fail to produce to, or conceal or attempt toconceal from, an Inspector, any property, book,other document, or article in relation to whichthe Inspector has reasonable grounds forsuspecting that an offence has been or is beingcommitted under this Act; or

(f) furnish to an Inspector as true, informationwhich he knows or has reason to believe to befalse.

(2) Any person who contravenes the provisions ofsubsection (1) shall be guilty of an offence.

Obstruction10 exercise ofpowers by anInspector.

[Part IV, S. 37]

32 ACT 452

37. (1) The Inspector or an officer vested with thepowers of an Inspector, making any investigations undersection 35 may examine orally any person whom hebelieves to be acquainted with the facts andcircumstances of the case and shall reduce into writingany statement made by the person so examined.

(2) The person so examined shall be legally bound toanswer all questions relating to such case put to him bythe examining officer:

Provided that such person may refuse to answer anyquestion the answer to which would have a tendency toexpose him to a criminal charge or penalty or forfeiture.

(3) A person making a statement under this sectionshall be legally bound to state the truth, whether or notsuch statement is made wholly or partly in answer toquestions.

(4) An officer examining a person under subsection(1) shall first inform that person of the provisions ofsubsections (2) and (3).

(5) A statement made by any person under this sectionshall, whenever possible, be taken down in writing in theprescribed form and signed by the person making it oraffixed with his thumb print, as the case may be, afterit has been read to him in the language in which he madeit and after he has been given an opportunity to make anycorrections he may wish.

(6) Where any person is charged with any offence,any statement recorded in the prescribed form by anyInspector or officer vested with the powers of anInspector, whether or not interpreted to him by anotherofficer of the Board or other person shall be admissibleas evidence at his trial and, if the person charged tendershimself as a witness, any such statement may be used incross-examination and for the purpose of impeaching fascredit:

Provided that no such statement shall be admissible orused as aforesaid if the making of the statement appears

Power toexaminepersons.

[Part IV, S. 37-38]


to the Court to have been caused by any oppression,inducement, threat or promise having reference to thecharge proceeding from a person in authority andsufficient in the opinion of the Court to give the personcharged grounds which would appear to him reasonableinto believing that by making it he would gain anyadvantage or avoid any disadvantage of a temporalnature in reference to the proceeding against him.

38. (1) For the purpose of obtaining full information forascertaining whether any person is liable to paycontributions under this Act, the General Manager mayby notice in writing require any person—

(a) to furnish the General Manager within a timespecified in the notice not being less than thirtydays from the date of such notice. anyinformation or particulars specified in thenotice;

(b) to attend personally before the GeneralManager or any officer appointed by him andproduce for examination all books, accounts,records and other documents which the GeneralManager or officer deems necessary; or

(c) to furnish the information or particulars inaccordance with paragraph (a) and also toattend in accordance with paragraph (b).

(2) Any person who fails to comply with theprovisions of subsection (1) shall be guilty of an offence.

(3) Whenever it appears to any magistrate, uponwritten information on oath, and after any enquiry hemay think necessary, that there are reasonable groundsfor suspecting that there are on particular premises anybook, account, record or other document the productionof which has been required pursuant to subsection (1)and which has not been produced in compliance with thatrequirement, such magistrate may issue a warrantauthorizing the General Manager or any person nam dtherein with or without assistance—

(a) to search the premises and to break open andsearch any cupboard, drawer, chest, trunk, box,

Powers ofGeneralManager 10ask forinformationandapplicationfor searchwarrant.

[Part IV, S. 38-39]

34 ACT 452

package or other receptacle, whether a fixtureor not, in the premises; and

(b) to take possession of, or secure againstinterference, any book, account, record or otherdocument that appear to be book, account,record or other document the production ofwhich was so required.

39. (1) (a) The General Manager may, where he is ofthe opinion that any person is about orlikely to leave Malaysia without payingany moneys due to the Fund in respect ofwhich an order of the Court has beenobtained, issue to the Inspector General ofPolice or the Director General ofImmigration a certificate containing theamounts payable to the Fund with requestfor that person to be prevented fromleaving Malaysia unless and until he paysall the amounts payable to the Fund orfurnishes security to the satisfaction of theGeneral Manager for their payment.

(b) Subject to any order issued or made underany written law relating to banishment orimmigration the Inspector General ofPolice or the Director General ofImmigration upon receiving a requestunder paragraph (a) in respect of anyperson shall take or cause to be taken allsuch measures (including the use ofreasonable force and the seizure, removalor retention of any certificate of identityand any passport, exit permit or othertravel document relating to that person) asmay be necessary to give effect to it.

(c) The General Manager shall cause notice ofthe issue of a certificate under paragraph

The GeneralManagermay issuecertificate toInspectorGeneral ofPolice or theDirectorGeneral ofImmigrationto prevenlany personleavmgMalaysiain cerlaincircumstances.

[Part IV-V, S. 39-40]


(a) to be served personally or by registeredpost (addressed to his last known address)on the person to whom the certificaterelates:

Provided that the non-receipt of thenotice by that person shall not invalidateanything done under this section.

(d) Where a person in respect of whom acertificate has been issued under paragraph(a) produces a written statement signed onor after the date of the issue of thecertificate by the General Manager or anauthorized officer to the effect that moneysdue to the Fund specified in the certificatehave been paid or that security has beenfurnished for their payment, the statementor the payment, as the case may be, shallbe sufficient authority for allowing thatperson to leave Malaysia.

(2) No legal proceedings shall be instituted ormaintained against the Board, its officers and servants,the Government of Malaysia, a police officer or anypublic officer in respect of anything lawfully done underthis section.

PART V

CONTRIBUTIONS TO THE EMPLOYEESPROVIDENT FUND

40. (1) Every corporation incorporated or registeredunder the Companies Act 1965, as the case may be, shall,not later than thirty days from the date of itsincorporation or registration, notify the Board of suchincorporation or registration, in the manner as may beprescribed by the Board.

Duty ofcorporationto notify theBoard of itsincorporationor registration.Act 125.

[Part V, S. 40-43]

36 ACT 452

(2) Any corporation who contravenes the provisionsof subsection (1) shall be guilty of an offence.

41. (1) Every employer shall, unless he is alreadyregistered with the Board, before the end of the firstweek in the first month in which he is paying wages inrespect of which he is required to pay contributionsunder this Act, register with the Board in the manner asmay be prescribed by the Board.

(2) Any employer who contravenes the provisions ofsubsection (1) shall be guilty of an offence and shall, onconviction, be liable to imprisonment for a term notexceeding three years or to a fine not exceeding tenthousand ringgit or to both.

(3) Where any person ceases to be an employer,within the meaning of this Act, he shall, within thirtydays of such cesser, notify the Board of the same in themanner as may be prescribed by the Board.

(4) Any person who contravenes the provisions ofsubsection (3) shall be guilty of an offence.

42. (1) Every employer shall prepare and furnishstatement of wages to each and every employee and thestatement of wages shall contain such information asmay be prescribed by the rules.

(2) Every employer shall prepare and keep one ormore registers containing such information as may beprescribed by the rules and such register shall be kept forsuch period that every particular recorded therein shallbe available for inspection for not less than six yearsafter the recording thereof.

43. (1) Subject to the provisions of section 52, everyemployee and every employer of a person who is anemployee within the meaning of this Act shall be liableto pay monthly contributions at the rate respectively setout in the Third Schedule.

Duty ofemployerto registerwith theBoard.

Duty ofemployerto prepareand furnishstatementof wages.

Rate ofcontribu-tions.

[Part V, S. 43]


(2) Any person being an employer who fails, withinsuch period as may be prescribed by the Board, to payto the Fund any contributions which he is liable underthis Act to pay in respect of or on behalf of any employeein respect of any month shall be guilty of an offence andshall, on conviction, be liable to imprisonment for a termnot exceeding three years or to a fine not exceeding tenthousand ringgit or to both.

(3) Without prejudice to the provisions of subsection(1), an employer and an employee or either of them may,at any time elect to pay monthly contributions at a ratewhich exceeds the rate respectively set out in the ThirdSchedule by one ringgit or a multiple of one ringgit.

(4) Notice of such election shall be given to the Boardin such manner and form as may be prescribed by theBoard and where any such notice has been given, thisAct shall, in respect of any employer or employee whohas elected as aforesaid, apply as if the rate ofcontribution which such employer or employee haselected to pay, were the rate respectively set out in theThird Schedule:

Provided that an election cannot be made to take effectretrospectively.

(5) An employer and an employee or either of themmay, at any time, revoke his election made undersubsection (4).

(6) Notice of such revocation shall be given to theBoard in such manner and form as may be prescribed bythe Board and where any such notice has been given, thisAct shall, in respect of any employer or employee whohas rewoked as aforesaid, apply as if such employer oremployee has not elected to pay the excess contribution:

Provided that a revocation cannot be made to takeeffect retrospectively.

[Part V, S. 43]

38 ACT 452

(7) In the event of the death of an employee, nocontributions shall be due under this section by or onbehalf of such employee in respect of the month duringwhich such death occurs:

Provided that where any such contribution has beenreceived it shall be paid into the Fund in accordance withsection 50.

(8) Notwithstanding subsection (1)—

(a) a self-employed person; or

(b) a pensionable employee,

may, by giving not less than one month's notice in suchmanner and form as may be prescribed by the Board,elect to pay monthly contributions in accordance withthe Fourth Schedule and where any such notice ofelection has been given, this Act shall apply as if a self-employed person or a pensionable employee is anemployer as regards liability to remit contributions andas if the self-employed person is an employee for thebenefits provided by this Act:

Provided that an election shall not be made to takeeffect retrospectively:

Provided further that a notice of election may berevoked by giving not less than one month's notice ofrevocation to the Board in such manner and form as maybe prescribed by the Board and where such notice ofrevocation has been given, the provsion of this Act asregards liability to contribute shall cease to apply to suchself-employed person or pensionable employee:

Provided further that in the event no contributions arereceived for a period of six consecutive months, thenotice of election shall be deemed to have been revokedwith effect from the last contributions received.

[Part V, S. 44-45]


44. (1) In addition to and not in derogation of section43(3), an employer may remit to the Board at any timeany moneys being retirement benefits of any employeein such manner as may be prescribed by the Board andwhere any such moneys has been received, the Boardshall cause such moneys to be paid into the Fund inaccordance with section 50.

(2) For the purposes of this section, retirement benefitdoes not include retrenchment, lay-off, or terminationbenefits.

45. (1) Except where otherwise provided in this Act,the employer shall, in the first instance, be liable to payboth the contributions payable by himself and also, onbehalf of and to the exclusion of the employee, thecontributions payable by that employee; and for thepurposes of this Act contributions paid by an employeron behalf of an employee shall be deemed to becontributions by the employee.

(2) Contributions payable by the employer for himselfand on behalf of the employee under subsection ( I ) shallbe paid in respect of the first and subsequent months'wages.

(3) Notwithstanding section 49, where an employerfails to pay any contributions due within such period asmay be prescribed, the employer shall in addition to suchcontributions be liable to pay dividend which would haveaccrued on such contributions if such contributions hadbeen paid by the employer within the prescribed periodcalculated in accordance with section 27:

Provided that where the rate of dividend for aparticular year has not been declared by the Board, therate of dividend declared for the preceding year shallapply for the purpose of calculating dividend for thatyear.

Transfer ofrelirementbenefit.

Payment ofcontributions.

[Part V, S. 46-48]

40 ACT 452

46. Where any sum of money by way of contributionstogether with any dividend due thereon remaining unpaidby a company, a firm or an association of persons, then,notwithstanding anything to the contrary in this Act orany other written law, the directors of such companyincluding any persons who were directors of suchcompany during such period in which contributions wereliable to be paid, or the partners of such firm, includingany persons who were partners of such firm during suchperiod in which contributions were liable to be paid, orthe office-bearers of such association of persons,including any persons who were office-bearers of suchassociation during such period in which contributionswere liable to be paid, as the case may be, shall togetherwith the company, firm or association of persons liableto-pay the said contributions, be jointly and severallyliable for the contributions due and payable to the Fund.

47. (1) Notwithstanding any contract to the contrary,the employer shall not be entitled to deduct from thewages or remuneration of, or otherwise to recover from,the employee the employer's contribution.

(2) If an employer deducts or attempts to deduct fromthe wages or remuneration of any employee the whole orany part of the employer's contribution, he shall beguilty of an offence and shall, on conviction, be liableto imprisonment for a term not exceeding six years or toa fine not exceeding twenty thousand ringgit or to both.

48. (1) Subject to the provisions of this section, theemployer shall be entitled to recover from the employee,in accordance with this section, the amount of anycontribution payable on behalf of the employee.

(2) The amount of any contribution payable by theemployer on behalf of the employee shall,notwithstanding the provisions of any written law or anycontract to the contrary, be so recoverable by means ofdeductions from the wages of the employee due from theemployer to the employee and not otherwise.

Joint andseveralliabilityof directors,etc.

Employer'scontributionirrecover-able fromemployee.

Recovery byemployer ofemployee'scontibution.

[Part V, S. 48]


(3) Any employer who deducts the employee'scontributions from the wages of an employee and failsto pay such deducted sum or any part thereof to the Fundshall be guilty of an offence and shall, on conviction, beliable to imprisonment for a term not exceeding six yearsor to a fine not exceeding twenty thousand ringgit or toboth.

(4) No deduction of any contribution shall be made asprovided by subsection (2)—

(a) except at the time wages are paid to theemployee; and

(b) other than of the contribution in respect of thewages which are then being paid:

Provided that, subject to such conditions asmay be prescribed by the Board, where anemployer has, by error not occasioned by thatemployer's negligence, omitted to deduct anycontribution or part of any contribution payableby him on behalf of the employee, then, suchcontribution or part thereof may be deductedfrom the wages payable by such employer tothe employee not later than six months from thedate of the payment of the wages in respect ofwhich the contribution or part thereof wasomitted to be deducted.

(5) Any employer who contravenes the provisions ofsubsection (4) shall be guilty of an offence.

(6) Where any deduction from the wages of anemployee has been made by the employer in respect ofthe employee's contribution to the Fund but not yetremitted to the Fund, such deduction shall be deemed tobe part of wages for the purposes of priority of debtsunder section 292 of the Companies Act 1965 or section43 of the Bankruptcy Act 1967. Act 55167.

[Part V, S. 49-50]

42 ACT 452

49. (1) Where the amount of the monthly contributionsor part of any monthly contributions which an employeris liable to pay under section 45 is not paid within suchperiod as may be prescribed, the employer shall beliable, in addition to the dividend to be paid undersection 45(3), to pay interest to be credited to the Fundon such amount at such rate (being a rate per annum) asdeclared by the Board from time to time in respect ofeach month or part of a month after expiration of suchperiod during which such amount remains unpaid:

Provided that—

(a) if the amount of interest so calculated is lessthan ten ringgit, the interest payable shall beten ringgit in respect of each such month or partof a month; and

(b) if the amount of interest exceeds ten ringgit, theinterest payable shall be calculated to the nexthighest multiple of ten ringgit in respect ofeach such month or part of a month.

(2) The Board may in any case in which it thinks fitremit in whole or part the payment of any interest dueunder this section.

50. (1) All sums collected, recovered or transferred onaccount of contributions under this Act shall be paid intothe Fund in such manner as the Board shall direct.

(2) The Board shall cause to be credited to eachmember's account—

(a) the amount of any contributions paid in hisrespect by the employer on his own behalfand on behalf of such member of the Fund;

(b) dividend at the rate declared under section 27in such manner as the Board may prescribe;and

Interest oncontributionsin arrears.

Contribu-tions to bepaid intothe Fund.

[Part V, S. 50]


(c) any other moneys paid on behalf of suchmember under this Act:

Provided that—

(a) where any amount is withdrawn from the Fundunder section 54(1) or 54(3), or paid from theFund under section 56, the Board shall paydividend, on such amount together with theamount so withdrawn, calculated in accordancewith the following manner:

(i) dividend shall be due for the periodcommencing from the beginning of theyear in which such withdrawal orpayment is authorized and ending onthe last day of the month precedingthat in which payment is authorized;and

(ii) dividend shall be calculated at the rateof dividend declared by the Boardunder section 27 in respect of thepreceding year; and

(b) where a member has withdrawn under section54(3), the Board shall cause dividend payableto be credited to the account of such memberat the rate declared by the Board under section27 in respect of the balance standing to hiscredit in the Fund.

(3) If any employer fails to pay any contributionwhich he has deducted from the wages of an employee,the Board shall, on being satisfied that such deductionhas been made, credit the employee with the amount ofsuch contribution together with any dividend whichwould have been credited in respect thereof if suchcontribution had been paid by the employer Within theprescribed period and shall charge the amount so creditedto the general revenues of the Fund:

Provided that nothing in this section shall prejudicethe right of the Board to recover the amount of suchcontribution and dividend from the employer.

[Part V, S. 50-51]

44 ACT 452

(4) Any amount recovered under subsection (3) shallbe disbursed in the following manner:

(a) firstly to be credited to the general revenues ofthe Fund such sum that has been paid out fromthe general revenues of the Fund undersubsection (3); and

(b) the balance thereof shall be credited to therespective employees' accounts rateably.

(5) For the purpose of this section, the date ofwithdrawal or payment shall be the date on which thewarrant for such withdrawal or payment is issued inaccordance with any regulations or rules made hereunder.

(6) The provisions of this section shall apply to anyamount standing to the credit of an employee in anapproved fund upon the transfer of such amount to theFund.

51. Notwithstanding anything to the contrary containedin any other written law—

(a) no sum deducted from the wages of a memberof the Fund under section 48;

(b) no amount payable by the employer as hiscontribution; and

(c) no amount standing to the credit of a memberof the Fund,

shall be assignable, transferable, liable to be attached,sequestered, levied upon, for, or in respect of, any debtor claim whatsoever, nor shall the Official Assignee beentitled to or have any claim on any such sum or amount:

Provided that, where a member of the Fund has beenconvicted of an offence under the Penal Code and hisemployer proves to the satisfaction of a competent courtby which the member of the Fund was convicted that hehas suffered a definite financial loss as a direct andimmediate result of such offence, the court may order

Contribu-tions anddepositsnot to beassignedor attached.

F.M,S.Cap. 45.

[Part V, S. 51-52]


that a payment to such employer be made out of the Fundof a sum not exceeding the amount of such loss or theamount of employer's contributions already paid orpayable to the Fund by such employer on behalf of suchmember of the Fund and the dividend thereon, whicheveris the lesser, and such sum shall thereupon be paid tosuch employer from the employer's contributions sopaid, or so payable, or from both, and from the dividendthereon.

52. (1) No contributions shall become payable to theFund by the employees in respect of whom there existan approved fund, or by the employer or employers ofsuch employees in respect of such employees.

(2) Where the Minister amends the First Scheduleunder section 74 by deleting any paragraph thereof, anyemployer or group of employers who before the date onwhich the order comes into force has established aprovident fund or other scheme for the benefit of all orof a group of his or their employees of the descriptionspecified in that paragraph shall, within such period asthe Board may in its discretion allow, furnish the Boardwith such particulars of such provident fund or otherscheme as the Board may prescribe or in any particularcase require, and if after examining such particulars theBoard is satisfied that such provident fund or otherscheme as amended if necessary in such manner as theBoard may require provides for an employee benefits notless advantageous to him than the benefits which areprovided for an employee by the Fund, the Board may,subject to such conditions as it may impose, declare suchprovident fund or other scheme to be an approved fund.

(3) Where an employee for any reason whatsoeverchanges employment to an employment in respect ofwhich an approved fund exists, contributions in respectof the employee shall cease to be payable to the Fund andthe amount standing to the credit of such employee shallremain in the Fund.

Approvedfunds.

[Part V, S. 52]

46 ACT 452

(4) Where an employee, who is in an employment inrespect of which an approved fund has been established,is precluded by the rules of such approved fund fromcontributing thereto during a specified period ofprobation, any sum standing to such employee's creditin the Fund which represents contributions to the Fundboth by the employer and the employee since the date onwhich such employment commenced, together with anydividend thereon, shall remain in the Fund.

(5) Where—(a) an employer who is one of a group of employers

by whom an approved fund has beenestablished ceases to participate in suchapproved fund; or

(b) an employee—

(i) leaves an employment in respect of whichhe was a contributor to an approved fund;or

(ii) ceases to contribute to an approved fund,in circumstances other than those set outin section 54(1 )(a), (b) or (c),

the amount standing to each employee's or to suchemployees' credit in such approved fund that representscontributions to such approved fund both by theemployer and the employee since the 1st July 1952together with any dividend thereon, sha l l ,notwithstanding anything to the contrary contained inany other written law, be transferred to the Fund, and theBoard shall cause to be credited to each such employeeor such employees such amount in such manner as theBoard shall direct and such amount shall be transferredwithin one month of the employer ceasing to participatein such approved fund or of the employee Ieaving theemployment or ceasing to contribute, as the cease maybe, or within such further period as the Board may in anyparticular case allow:

Provided that where an employee—

(a) transfers from employment in Malaysia underan employer by whom an approved fund has

[Part V, S. 52]

EMPLOYEES P R O V I D E N T FUND 47

been established to employment outsideMalaysia under the same employer; or

(b) transfers from employment under an employerwho is one of a group of employers by whoman approved fund has been established toemployment under another employer who isone of the same group,

and in either case, where such transfer is permitted bythe rules of such approved fund to continue to contributethereto on the same terms and conditions as if suchtransfer had not taken place, such employee, so long ashe continues so to contribute, shall not for the purposesof paragraph (b) (i) of this subsection be deemed to haveleft an employment in respect of which he was acontributor to an approved fund:

Provided further that where in accordance with therules of such approved fund the amount standing to thecredit of any employee consists in whole or in part of apolicy of life assurance, such policy shall not betransferred to the Fund, but shall be dealt with inaccordance with such rules.

(6) (a) Where an approved fund is wound up, theamount standing to each employee's or tosuch employees credit in such approvedfund that represents contributions to suchapproyed fund both by the employer and theemployee since the 1st July 1952 togetherwith any dividend thereon, shall not-withstanding anything to the contrarycontained in any other written law, betransferred to the Fund, and the Board shallcause to be credited to each employee orsuch employees such amount in such manneras the Board shall direct.

(b) The Board may, if it considers desirable inthe interests of employees so to do, accept intheir entirety the assets and liabilities of suchapproved fund at such date as is agreed andwhere the assets of such approved fund shall

[Part V, S. 52]

48 ACT 452

not be sufficient to meet its liabilities, theamount to be credited to such employee oremployees under paragraph (a) shall bereduced in such proportion as the Board maydetermine:

Provided that where in accordance withthe rules of such approved fund the amountstanding to the credit of any employeeconsists in whole or in part of a policy of lifeassurance such policy shall not be transferredto the Fund, but shall be dealt with inaccordance with such rules.

(7) An employer who has established an approvedfund shall—

(a) furnish the Board with such accounts as theBoard may require in respect of such approvedfund duly certified by a person who has beenapproved as a company auditor under section 8of the Companies Act 1965;

(b) inform the Board of any proposed amendmentto the rules of such approved fund and shall noteffect any such amendment except with thewritten approval of the Board; and

(c) furnish the Board with such particulars of thoseemployees contributing to such approved fundin such manner as may be prescribed by theBoard.

(8) The Board may, if not satisfied with themanagement of any approved fund , revoke anydeclaration made under this section, and upon suchrevocation, subsection (5) of this section shall apply asthey would apply if such fund were wound up.

(9) An employer in respect of any approved fund shallbe subject to the same offences and penalties in respectof any deductions or contributions made under the rules

[Part V, S. 52]


of an approved fund as are provided by this Act inrespect of deductions and contributions relating to theFund.

(10) Notwithstanding anything to the contrary in therules of an approved fund, the amount standing to anemployee's credit therein together with any dividendthereon may be withdrawn in any of the circumstancesset out in section 54(1)(a), (b) or (c).

(11) Notwithstanding anything to the contrary in therules of an approved fund, any employer may onapplication by an employee who has attained the age offifty years authorize not more than one withdrawal fromsuch approved fund a sum representing one-third of theamount standing to the credit of such employee and anemployee in respect of whom an authority for withdrawalhas been given under this subsection sha l lnotwithstanding such withdrawal continue to be treatedas a contributor to such approved fund.

(12) When an employee withdraws under subsection(10) any amount standing to his credit in an approvedfund, he shall not thereafter be treated as an employee,notwithstanding that, but for this subsection, he would bean employee, for the purpose of this Act.

(13) Any employer who fails to comply with anyrequirement or direction of the Board under this section,or with any provision of subsection (7), shall be guiltyof an offence.

(14) Where in the circumstances mentioned insubsections (5) and (8), any amount of contributions paidsince the Ist July 1952 is transferred to the Fund, theemployer and employee concerned may, by mutualagreement, elect to transfer to the Fund all such amountstanding to the credit of the employee in an approvedfund as represents the contributions paid to such fundbefore the 1st July 1952. Notice of such election shall begiven to the Board in such manner as may be prescribed

[Part V-VI, S. 52-54]

50 ACT 452

by the Board, and if the Board approves such transfer,the employee shall be credited with the amount sotransferred to the Fund.

(15) The provisions of section 51 shall apply inrespect of an approved fund in like manner as it appliesin respect of the Fund.

(16) For the purpose of this section the expression "anemployer who has established an approved fund"includes an employer for the benefit of whose employeesan approved fund has been established.

(17) Nothing in the provisions of subsections (7) and(13) shall apply to an approved fund expresslyestablished by or under any written law.

(18) Any expenses incurred by the Board in enforcingthe obligations of approved funds under this Act shall bereimbursed to the Board from the funds of such funds onthe basis of membership of such funds.

53. The approved fund of a statutory or local authorityunder the new scheme shall be wound up on such dateas the Minister may, by notification in the Gaiette,appoint in each particular case, and all assets andliabilities of the approved fund shall be transferred to theFund and dealt with under this Act:

Provided that where there is a pension scheme of astatutory or local authority within the meaning of"approved fund" under section 2 of this Act then thewinding up of such scheme shall be dealt with undersection 30 of the Statutory and Local AuthoritiesSuperannuation Fund Act 1977 notwithstanding section52.

PART VI

WITHDRAWAL OF CONTRIBUTIONS

54. (1) No sum of money standing to the credit of amember of the Fund may be withdrawn except with theauthority of fhe Board and, subject to any regulations andrules made under this Act, such authority shall not begiven unless the Board is satisfied that—

(a) the member of the Fund has died;

Windingup ofapprovedfund.

Act 185.

Authorilyfor wi th-drawalsfrom theFund.

[Part VI, S. 54]


(b) the member of the Fund has attained the age offifly-five years;

(c) the member of the Fund is physically ormentally incapacitated from engaging in anyfurther employment; or

(d) the member of the Fund is about to leaveMalaysia with no intention of returning theretoor of residing in the Republic of Singapore.

(2) When a withdrawal under subsection (1) has beenmade of any amount standing to the credit of the memberof the Fund, the member shall not thereafter be treatedas an employee:

Provided that—

(a) if a member of the Fund withdraws undersubsection (l)(c) any amount standing to hiscredit in the Fund and he is subsequentlyengaged in any further employment, he shall betreated as an employee but he shall notwithdraw the further amount standing to hiscredit in the Fund until he has attained the ageof fifty-five years or after a lapse of five yearsfrom the year of fu r the r employment ,whichever is the later;

(b) where a member of the Fund withdraws unders u b s e c t i o n ( 1 ) ( b ) or ( 1 ) ( d ) and he issubsequently engaged in any employment, hemay elect to pay monthly contributions to theFund by giving the Board and his employer,one month's notice of his intention to contributeand such member may, at any time, make awithdrawal under subsection ( 1 ) ( b ) , ( l ) ( c ) o r(1) (d), and where such member has made anysuch withdrawal, he shall cease to be a memberof the Fund and shall be precluded from makingany further contributions:

Provided that an election made under thisparagraph shall not be made to take effectretrospectively.

[Part VI, S. 54]

52 ACT 452

(3) Notwithstanding subsection (1) the Board may,subject to any regulations and rules made under this Act,in any of the following instances, on application by amember of the Fund:

(a) who has attained the age of fifty years,authorize not more than one withdrawal fromthe Fund a sum representing one-third of theamount standing to the credit of such member;

(b) who has entered into an agreement to purchaseor build a house, which in the opinion of theBoard is a firm arrangement, authorizewithdrawal from the Fund of such sum standingto the credit of such member either wholly orpartly; or

(c) who had purchased or built a house and hadtaken a loan made on the security of a chargeon the said house for its purchase orconstruction, authorize withdrawal from theFund of such sum standing to the credit of suchmember either wholly or partly:

Provided that where a member has withdrawn underparagraph (b) or (c) he shall not thereafter be eligible tomake any subsequent withdrawal under either of thoseparagraphs:

Provided further that where a member of the Fund inrespect of whom authority for withdrawal has been givenunder this subsection, the member shall, notwithstandingsuch withdrawal, continue to be treated as an employeefor the purposes of this Act.

(4) For the purpose of subsection (3) "the amountstanding to the credit of such member" means the amountstanding to the credit of such member on the last day ofthe month preceding that in which such withdrawal isauthorized.

(5) Any member of the Fund who withdraws undersubsection (3) (b) shall utilize the amount so withdrawnsolely for the purpose for which the withdrawal was

[Part VI, S. 54-55]


authorized and, if for any reason whatsoever he is unableto utilize the amount so withdrawn or any part thereoffor the said purpose, he shall return to the Board theamount withdrawn or such part thereof within six monthsfrom the date of such withdrawal.

(6) For the purpose of subsection (5), the date ofwithdrawal shall be the date on which the warrant forsuch withdrawal is issued,

(7) Any member of the Fund who contravenes theprovisions of subsection (5) shall be guilty of an offence.

55. (1) Notwithstanding section 54, any member of theFund may—

(a) upon attaining the age of fifty five years, applyto withdraw the amount standing to his creditin periodical payments in lieu of a lump sumpayment; or

(b) upon attaining the age of fifty-five years, applyto withdraw annually, dividend only on theamount standing to his credit at thecommencement of the year in which thewithdrawal application is authorized andthereafter the dividend on the amount standingto his credit at the commencement of eachfollowing year in lieu of a lump sum payment:

Provided that where a member of the Fund in respectof whom approval for withdrawal has been given underthis subsection, the member shall, notwithstanding suchapproval, continue to be treated as an employee for thepurposes of this Act:

Provided further that an approval of the applicationunder paragraph (a) or (b) of this subsection shall notpreclude any member of the Fund from withdrawing theamount standing to his credit under section 54 (1).

(2) The periodical payments under subsection (1)(a)shall be made in such manner as may be prescribed bythe Board.

Periodicalpaymentsin lieu oflump sumpayment.

tPart VI, S. 56-58]

54 ACT 452

56. The Board, after receiving a notification in writingfrom an employer of a pensionable employee stating thatthe pensionable employee has died in service or is aboutto retire on the ground of attaining the retirement ageapplicable to the pensionable employee or on any otherground and requesting for the return of the equivalent ofthe employer's contributions remitted to the Fund inrespect of the pensionable employee by the Governmentof Malaysia or of a State or any statutory or localauthority or from all such employers of the pensionableemployee, together with any dividend credited thereon,may pay to the Pensions Trust Fund established undersection 3 of the Pensions Trust Fund Act 1991, suchamount together with dividend credited thereon andthereupon the amount standing to the credit of thepensionable employee in the Fund shall be the reducedamount as from that date.

57. Unless otherwise provided to the contrary, paymentin respect of any withdrawal authorized by the Boardunder this Act shall be in the manner as may bedetermined by the Board from time to time.

58. (1) Where authority for withdrawal under section54(1)(a) has been granted, an additional amount shall bepayable calculated in accordance with the formula setout in the Fifth Schedule:

Provided that where the Board is satisfied that amember of the Fund has died, and no authority forwithdrawal under section 54(1 )(a) has been granted, theBoard may as it deems fit, pay the additional amount tosuch person as the Board may approve.

(2) Where authority has been granted under section 54(1)(c), an additional amount shall be payable calculatedin accordance with the formula set out in the SixthSchedule:

Provided that a member of the Fund shall not be paidthe additional amount under this subsection on anysubsequent withdrawal under section 54(1 )(c).

Release ofemployer'sconlribu-tions.

Act 454.

Paymentfor with-drawal.

Payment ofadditionalamount.

[Part VII, S. 59-61]


PART VII

OFFENCES AND PROCEEDINGS

59. Any person who—

(a) makes, orally or in writing, or signs anydeclaration, return, certificate or otherdocument required by this Act or anyregulations or rules thereunder which is untrueor incorrect in any particular; or

(h) fails or refuses to furnish or produce anydeclaration, re turn , certificate or otherdocument required by this Act or anyregulations or rules thereunder to be furnishedor produced,

shall be guilty of an offence and shall, on conviction, beliable to imprisonment for a term not exceeding threeyears or to a fine not exceeding ten thousand ringgit orto both.

60. Any person who contravenes any provision of thisAct or any regulations or rules made thereunder shall beguilty of an offence and if no special penalty is expresslyprovided in this Act or the regulations or rules madethereunder shall, on conviction, be liable toimprisonment for a term not exceeding six months or toa fine not exceeding two thousand ringgit or to both.

61. Any person who—

(a) attempts to commit any offence under this Act;

(b) does any act preparatory to or in furtherance ofthe commission of any offence under this Act;or

(c) abets or is engaged in a criminal conspiracy tocommit (as those terms are defined in the PenalCode) any offence under this Act, whether ornot the offence is committed in consequencethereof,

Incorrectdeclaration.failure tofurnishreturn, etc.

Generalpenalty.

Attempts,preparations,abetments andconspiraciespunishable asoffences.


56 ACT 452

shall be guilty of such offence and shall be liable to thepenalty provided for such offence.

62. Notwithstanding the provisions of any written law tothe contrary, an employer may be charged with and triedat one trial for any number of offences under section 43(2) and such offences shall, for the purpose of the lawfor the time being in force relating to criminal procedure,be deemed to form the same transaction.

63. Where an employer is found guilty of an offenceunder section 43(2), the Court before which the employeris found guilty shall order such employer to pay to theFund the amount of contributions, together with anydividend credited thereon, due and payable to the Boardand certified by an officer authorized by the Board to bedue from such employer, prior to the date of such findingof guilt and such contributions shall be recoverable in thesame manner as a fine as provided under section 283 ofthe Criminal Procedure Code.

64. In any legal proceedings a copy of an entry in theaccounts of the Fund duly certified under the hand of anauthorized officer of the Board shall be prima facieevidence of such entry having been made and of the truthof the contents thereof.

65. (1) All contributions payable under this Act may,without prejudice to any other remedy, be recoverable bythe Board summarily as a civil debt.

(2) Proceedings for the summary recovery as civildebts of contributions may be instituted by any officerauthorized in that behalf by special or general directionsof the Chairman and any such officer may conduct suchproceedings.

(3) In this section the word "contribution" shall bedeemed to include any dividend and interest due on anycontributions.

One Irialfor anynumber ofoffences.

Courtorder.

FM.S-Cap. 6.

Certificateof autho-rized officerof the Board10 beevidence.

Civilproceedingsto recovercontribu-tions.



66. (1) If, at any time before the date of thecommencement of a winding up in the case of a companyor before the making of a receiving order in the case ofa debtor in bankruptcy—

(a) an attachment has been issued against theproperty of an employer in execution of adecree against him and any such property hasbeen seized or sold or otherwise realised inpursuance of such execution; or

(b) the property of an employer has been sold, onthe application of a secured creditor,

then the proceeds of the sale or other realisation of suchproperty shall not be distributed to any person entitledthereto until the court ordering the sale or otherrealisation, has made provision for the payment of anyamounts due in respect of contributions payable by theemployer under this Act during the twelve months beforethe date of such order.

67. Notwithstanding the provisions of any written law,but without prejudice to section 65, in any civilproceedings by or against the Board—

(a) any person holding the appointment of aFederal Counsel and authorized by the AttorneyGeneral for the purpose; or

(b) any legal officer of the Board authorized in thatbehalf by the Chairman,

may, on behalf of the Board, institute, appear in andconduct such proceedings and may make and do allappearances, acts and applications in respect of suchproceedings.

68. Prosecutions in respect of any offence against thisAct or of any regulations or rules made thereunder maybe conducted by any officer authorized in writing in thatbehalf by the the Chairman.

Protection ofcontributionsin executionproceedingor sale undersecurily,

Conductof civilproceedings.

Power ofofficer of theBoard toprosecuteoffencesunder the Act.

[Part VII-VIII, S. 69-71]

58 ACT 452

69. Where an offence under this Act or any regulationsor rules made thereunder has been committed by a bodycorporate, firm, society or other body of persons, anyperson who at the time of the commission of the offencewas a director, manager, secretary or other similar officeror a partner of the body corporate, firm, society or otherbody of persons or was purporting to act in such capacityshall, as well as such body corporate, firm, society orother body of persons, be deemed to be guilty of thatoffence unless he proves that the offence was committedwithout his consent or connivance and that he exercisedall such diligence to prevent the commission of theoffence as he ought to have exercised, having regard tothe nature of his functions in that capacity and to all thecircumstances.

70. Every member of the Board, the Investment Panel,officer and servant of the Board shall be deemed to bea public servant within the meaning of the Penal Code.

PART VIII

POWER TO MAKE REGULATIONS AND RULES

71. The Minister may, on the recommendation of theBoard, make regulations—

(a) to provide for the manner of payment andcollection of contributions and any mattersincidental thereto;

(b) to provide for the nomination by a member ofthe Fund of the persons to whom any amountstanding to his credit in the Fund at the time ofhis death is to be paid at his death, for themanner in which such nomination may berevoked and for the circumstances in which itis to be treated as having ceased to be operativeand for payment of such amount to the nomineeso nominated;

(c) to provide for the payment of the sum standingto the credit of a member of the Fund on his

Offencesby bodycorporate.

Members ofthe Board,InvestmentPanel andofficersdeemedas publicservants.

Powers ofMinisterto makeregulations.

[Part VIII, S. 71-72]


death where there is no nomination by themember of the person to whom such sum is tobe paid on his death;

(d) to provide for the manner of payment of theadditional amount in the case of death of amember or upon withdrawal under theprovisions of section 54(1)(c):

(e) to provide that any amount not exceeding twohundred thousand ringgit, or such other amountas may be determined by the Minister, fromtime to time, by notification in the Gazette,standing to the credit of a deceased member inthe Fund may be paid out by the Board withoutproduction of any evidence that any estate dutydue on the estate of the deceased member hasbeen paid;

(f) to provide for the destruction of records anddocuments but such regulations shall requireprior consultation with the National Archivesbefore such destruction;

(g) to provide for the offences under this Act or theregulations or rules made thereunder whichmay be compounded by the Board, the personswho may compound, the limit of the sum ofmoney to be collected for compounding suchoffences and the procedure and forms to becomplied with in compounding;

(h) to prescribe anything which under this Act maybe prescribed by the Minister; and

(i) for carrying out any of the provisions of thisAct.

72. Notwithstanding anything in this Act or any otherwritten law, the Minister may by notification in theGazette—

(a) require any person who derives income fromany trade, business or profession, or from anyother source as he may prescribe, to contributeto the Fund; or

Powers ofMinisterto requireotherperson tocontributeand declareany paymentor remunera-tion as wages.

[Part VIII, S. 72-73]

60 ACT 452

(b) declare any type of payment or remunerationpaid or payable by any employer to hisemployee under a contract of service orapprenticeship, as wages, if the Minister issatisfied that, having regard to the nature orpurpose of such payment or remuneration orany other relevant fact, it ought in thecircumstances to be treated as wages for thepurposes of this Act,

and thereafter this Act shall apply to such person,employer or employee, as the case may be, subject to anymodification as the Minister may prescribe.

73. The Board may, in addition to the other dutiesimposed and powers conferred upon it under this Act,make r u l e s -

(a) to provide for the payment of all contributionsunder this Act or any part thereof, omitted tobe paid;

(b) to provide for the keeping of books, accountsor records by employers;

(c) to prescribe the returns to be made byemployers, and the forms and registers to beused, in carrying out any of the provisions ofthis Act;

(d) to prescribe the procedure to be followed whencontributions are deposited by the employer inthe Fund;

(e) to provide, in cases where an employee isemployed concurrently by two or moreemployers, the extent of the obligation of suchemployers as to payment of contributions underthis Act;

(f) to provide for the return of contributions, orany part of such contributions, paid in error,together with any dividend on suchcontributions;

Powersof theBoard tomake rules.

[Part VIII, S. 73]


(g) to prescribe the forms and procedure to befollowed for the purpose of nomination andrevocation of nomination, and the particulars tobe furnished therein;

(h) to prescribe the procedure relating towithdrawal from the Fund;

(i) to provide for the appointment of medicalboards for the purpose of section 54(1 )(c) andfor such other purposes as may be prescribed;

(j) to prescribe the evidence to be produced andthe person, officer or authority to whom suchevidence is to be produced for the purposes ofsection 54;

(k) to provide for the disposal of amounts whichare unclaimed, unpaid or otherwise remain inthe Fund;

(l) to prescribe the procedure to be followed forthe disposal of matters relating to employer'sand employee's account;

(m) (i) to make such disciplinary rules as it deemsnecessary or expedient to provide for thediscipline of the officers and servants of theBoard including temporary and contractofficers of the Board;

(ii) the disciplinary rules made by the Boardunder this Act may include provisions forthe interdiction with reduction in salary orin other remuneration, or provisions for thesuspension without salary or otherremuneration, of an officer or servant of theBoard during the pendency of disciplinaryproceedings;

(iii) the disciplinary rules made under this Actshall create such disicplinary offences andprovide for such disciplinary punishmentsas the Board may deem appropriate, and thepunishments so provided may extend todismissal or reduction in rank;

[Part VIII IX, S. 73-75]

62 ACT 452

(iv) the disciplinary rules made under this Actshall, in prescribing the procedure fordisciplinary proceedings, provide for anopportunity for representations to be madeby the person against whom the disicplinaryproceedings are taken before a decision isarrived at by the disciplinary authority onthe disciplinary charge laid against suchperson; and

(n) to prescribe anything which under this Act maybe prescribed by the Board.

74. The Minister may, by order notified in the Gazette,amend, add to or vary any of the Schedules to this Act.

PART IXREPEAL AND TRANSITIONAL PROVISIONS

75. On the appointed day—

(a) the Employees Provident Fund Act 1951 (inthis Part referred to as "the repealed Act") shallcease to have effect;

(b) the Employees Provident Fund Board (in thisPart referred to as "the EPF Board") being abody corporate established under the repealedAct shall likewise cease to exist:

Provided that the members of the EPF Boardwho immediately before the appointed daywere appointed as members of the EPF Boardshall on that day be members of the Board andshall be subject to all the provisions of this Actrelating to such members and shall be deemedto have been appointed under this Act.

Powers ofMinister toamend theSchedules.

Repealof theEmployeesProvidentFundAct 1951.Act 272.

[Part IX, S. 76-79]


76. (1) Subject to the provisions of this Act, all writtenlaws, orders, regulations and rules affecting or for theprotection of the EPF Board and in force immediatelybefore the appointed day shall, until amended or revokedby the authority having power so to do, continue in forceon and after the appointed day and be construed as if thisAct has not been passed:

Provided that any references therein to the EPF Boardunless the context otherwise requires shall be construedas references to the Board, and expressions importingsuch a reference shall be construed accordingly,

(2) All orders, directions, appointments, notifications,regulations and rules made under the provisions of therepealed Act and in force immediately before theappointed day shall, insofar as they are not inconsistentwith the provisions of this Act, be deemed to have beenmade under this Act and shall continue in force untilother provisions shall be made under this Act or until thedate upon which they expire.

77. Subject to the provisions of this Act, all powers,rights, privileges, duties, liabilities or obligations whichimmediately before the appointed day were those of theEPF Board shall as from that day devolve on the Board.

78. (1) Subject to the provisions of this Act, all landsimmediately before the appointed day vested in the EPFBoard shall, on that day, vest in the Board.

(2) Subject to the provisions of this Act and to anydirection of the Minister, all property and assets otherthan land which immediately before the appointed daywere vested in the EPF Board or in any person on behalfof the EPF Board shall on that day vest in the Board.

79. Subject lo the provisions of this Act, all deeds,bonds, agreements, instruments and workingarrangements subsisting immediately before theappointed day and affecting any of the propertytransferred under section 78 shall be of full force andeffect against or in favour of the Board and enforceableas fully and effectually as if, instead of the EPF Board,or any person acting on behalf of the EPF Board, theBoard had been named therein or had been a partythereto.

Continuanceof laws, etc.

Transferof powers,rights,liabilitiesand duties.

Transfer ofproperty.

Existingcontracts.

[Part IX, S. 80-83]

64 ACT 452

80. (1) Subject to the provisions of this Act, neither therepeal of the repealed Act nor anything contained in thisAct shall affect any person's liability to be prosecutedor punished for offences committed under the repealedAct before the appointed day, or any proceedings broughtor sentence imposed before that day in respect of suchoffence.

(2) Subject to the provisions of this Act, anyproceedings (whether civil or criminal) or cause ofaction pending or existing immediately before theappointed day by or against the EPF Board or any personacting on behalf of the EPF Board may be continued orinstituted by or against the Board as it might have beenby or against the EPF Board or such person as if this Acthad not been passed.

(3) Any appeal brought or any leave to appeal appliedon or after the appointed day against a decision given inany legal proceedings before that day may be brought byor against the Board as it might have been brought byor against the EPF Board as if this Act had not beenpassed.

81. Subject to the provisions of this Act, all moneysstanding in, and due to be paid to, the Fund set up undersection 4 of the repealed Act shall on the appointed daybe transferred to the Fund.

82. Every person who immediately before the appointedday was employed as an officer or servant of the EPFBoard shall on that day be deemed to be employed assuch officer or servant, as the case may be, of the Boardupon the same terms and conditions of service as thoseobtaining immediately before the appointed day.

83. AIl disciplinary proceedings which, immediatelybefore the appointed day, were pending against anyofficer or servant of the EPF Board on or after that date,may be continued against the officer or servant by theappropriate authority of the Board estabiished by thisAct.

Continuanceof criminaland civilproceedings.

Transferof Fund.

Continuanceof officersand servants.

Pendingdisciplinaryproceedings.

[Part IX, S. 84-86, 1st Sch.]


84. Every employee who immediately before theappointed day was a member of the Fund set up undersection 4 of the repealed Act shall on that date be amember of the Fund and subject to all the provisions ofthis Act relating to the member of the Fund.85. Every employer registered under the provisions ofthe repealed Act or the rules made thereunder shall bedeemed to have been registered under this Act.86. (1) If any difficulty arises with respect to theforegoing transitional provisions of this Act the Ministermay, by order, make such modifications in thoseprovisions as may appear to him necessary for preventinganomalies:

Provided that the Minister shall not exercise the. powers conferred by this section after the expiration of

two years from the appointed day,

(2) In this section, "modifications" includesamendments, additions, deletions, subst i tut ions,adaptations, variations, alterations and non-applicationof any provision of this Part.

FlRST SCHEDULE

(Section 2)PERSONS WHO ARE NOT EMPLOYEES

(1) All nomadic aborigines unless in any particular case theDirector-General of the Department of Aborigines otherwiserecommends.

(2) Domestic servants as defined in section 3 of the Workmen'sCompensation Act 1952, except when employed—

(a) by any employer specified in the Second Schedule to thisAct;

(b) by any society registered or required to be registeredunder any written law for the time being in force relatingto the registratton of societies or co-operative societies;

(c) in any business registered or licensed or required to beregistered or licensed under the Registrat ion ofBusinesses Act 1956, the Trades Licensing Ordinance ofSabah, the Businesses, Professions and Trades LicensingOrdinance of Sarawak or the Businesses NamesOrdinance of Sarawak, as the case may be; or

Transferof memberof theFund.

Transferof registra-tion ofemployers.

Preventionof anomalies.

Art 273

Act 197.SabahCap. 144.SarawakCaps. 33and 64.

[lst-2nd Schedule]

66 ACT 452

(d) by any corporation incorporated under any written law.(3) Domestic servants as defined aforesaid (other than those

excepted under paragraph (2)) who have not, in respect of anyemployment in which they are then engaged, given to the Board andtheir employers one month's notice in the prescribed form of theirintention to be members of the Fund.

(4) Out-workers as defined in section 3 of the Workmen'sCompensation Act 1952, except when employed by any employerspecified in the Second Schedule.

(5) Any person detained in any prison, Henry Gurney School,approved school, place of detention, mental hospital, or lepersettlement.

(6) Any person who is employed and whose country of domicileis outside Malaysia and the Republic of Singapore and who entersand remains temporarily under the authority of any pass issuedunder the provisions of any written law relating to immigration andwho has not given to the Board and his employer one month's noticein the prescribed form of his intention to be a member of the Fund.

(7) Any person who is employed and whose country of domicileis outside Malaysia and the Republic of Singapore and who inaccordance with his terms and conditions of service participates ina provident fund or other scheme established or administeredoutside Malaysia or the Republic of Singapore.

(8) Any person who is employed and whose country of domicileis outside Malaysia and the Republic of Singapore and who hasobtained prior written approval from the Board to participate inaccordance with his terms and conditions of service in a providentfund or other scheme established or administered in Malaysia.

(9) Any person who is a Member of the Administration asdefined under Article 160 of the Federal Constitution.

SECOND SCHEDULE(Section 2)

DEPINITION OF "EMPLOYER"

(1) Public Utilities Board of Singapore.

(2) Any Embassy, High Commission, Consulate or any othergovernment and any other such office or department as the Ministermay, from time to time by notification in the Gazette, specify forthe purposes of this paragraph (in relation to employment inMalaysia in a civil capacity, under a contract of service or under anyarrangement entered into in Malaysia or in the Republic ofSingapore, not being employment in any established capacityconferring benefits under any law relating to superannuation orpensions).

EMPLOYEES PROVIDENT FUND

THIRD SGHEDULE(Section 43)

RATE OF MONTHLY CONTRIBUTIONS

AMOUNT OF WAGES FOR RATE OF CONTRIBUTIONSTHE MONTH FOR THE MONTH

[3rd Schedule]

67

From 00,01 to 10.00FromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFrom

10,0120.0140.0160.0180.01

100.01120.01140.01160.01180.01200.01220.01240.01260.01280.01300.01320.01340.01360.01380.01400.01420.01440.01460.01480.01500.01520.01540.01560.01

tototototototototototototototototototototototototototototo

20.0040.0060.0080.00

100.00120.00140.00160.00180.00200.00220.00240.00260.00280.00300.00320.00340.00360.00380.00400.00420.00440.00460.00480.00500.00520.00540.00560.00580.00

NIL2.004.006.008.009.00

11.0013.0015.0017.0018.0020.0022.0024.0026.0027.0029.0031.0033.0035.0036.0038.0040.0042.0044.0045.0047.0049.0051.0053.00

NIL3.005.007.009.00

11.0014.0016.0018.0020.0022.0025.0027.0029.0031.0033.0036.0038.0040.0042.0044.0047.0049.0051.0053.0055.0058.0060.0062.0064.00

NIL5.009.00

13.0017.0020.0025.0029.0033.0037.0040.0045.0049.0053.0057.0060.0065.0069.0073.0077.0080.0085.0089.0093.0097.00

100.00105.00109.00113.00117.00

Wages

By the By the TotalEmployee Employer Contributions

$ $ $ $ $

FromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFrom

580.01600.01620.01640.01660.01680.01700.01720.01740.01760.01780.01800.01820.01840.01860.01880.01900.01920.01940.01960.01980.01

1,000.011,020.011,040.011,060.011,080.011,100.011,120.011,140.011,160.011,180.011,200.011,220.011,240.011,260.011,280.01

totototototototototototototototototototototototototototototototototototo

600.00620.00640.00660.00680.00700.00720.00740.00760.00780.00800.00820.00840.00860.00880.00900.00920.00940.00960.00980.00

1,000.001,020.001,040.001,060.001,080.001,100.001,120.001,140.001,160.001,180.001,200.001,220.001,240.001,260.001,280.001,300.00

54.0056.0058.0060.0062.0063.0065.0067.0069.0071.0072.0074.0076.0078.0080.0081.0083.0085.0087.0089.0090.0092.0094.0096.0098.0099.00

101.00103.00105.00107.00108.00110.00112.00114.00116.00117.00

66.0069.0071.0073-0075.0077.0080.0082.0084.0086.0088.0091.0093.0095.0097.0099.00

102.00104.00106.00108.00110.00113.00115.00117.00119.00121.00124.00126.00128.00130.00132.00135.00137.00139.00141.00143.00

120.00125.00129.00133.00137.00140.00145.00149.00153.00157.00160.00165.00169.00173.00177.00180.00185.00189.00193.00197.00200.00205.00209.00213.00217.00220.00225.00229.00233.00237.00240.00245.00249.00253.00257.00260.00

[3rd Schedule]

68 ACT 452



Wages

From 1,300.01 to 1,320.00 119.00 146.00FromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFrom

1,320.011,340.011,360.011,380.011,400.011,420.011,440.011,460.011,480.011,500.011,520.011,540.011,560.011,580.011,600.011,620.011,640.011,660.011,680.011,700.011,720.011,740.011,760.011,780.011,800.011,820.011,840.011,860.011,880.011,900.011,920.011,940.011,960.011,980.012,000.01

tototototototototototototototototototototototototototototototototototo

1,340.001,360.001,380.001 ,400.001,420.001,440.001,460.001,480.001,500.001,520.001,540.001,560.001,580.001,600.001,620.001,640.001,660.001,680.001,700.001,720.001,740.001,760.001,780.001,800.001,820.001,840.001,860.001,880.001,900.001,920.001,940.001,960.001,980.002,000.002,020.00

121.00123.00125.00126.00128.00130.00132.00134.00135.00137.00139.00141.00143.00144.00146.00148.00150.00152.00153.00155.00157.00159.00161.00162.00164.00166.00168.00170.00171.00173.00175.00177.00179.00180.00182.00

148.00150.00152.00154.00157.00159.00161.00163.00165.00168.00170.00172.00174.00176.00179.00181.00183.00185.00187.00190.00192.00194.00196.00198.00201.00203.00205.00207.00209.00212.00214.00216.00218.00220.00223.00

265.00269.00273.00277.00280.00285.00289.00293.00297.00300.00305.00309.00313.00317.00320.00325.00329.00333.00337.00340.00345.00349.00353.00357.00360.00365.00369.00373.00377.00380.00'385.00389.00393.00

397.00400.00405.00

$ $ $ $ $Wages



EMPLOYEES PROVIDENT FUND

[3rd Schedule]

69

From 2,020.01 to 2,040.00 184.00 225.00 409.00FromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFrom

2,0402,060

.01

.012,080.012,1002,1202,1402,1602,1802,2002,2202,2402,2602,2802,3002,3202,3402,3602,3802,400,2,420,

.01

.01

.01

.01

.01

.01

.01

.01

.01

.01

.01

.01

.01

.01

.01

.01

.012,440.012,4602,480,

.01

.012,500.012,520.012,540,2,560.2,580.2,600.

,01.01,01,01

2,620.012,640.2,660.

,01,01

2,680.012,700.2,720.

0101


222222222222222222222

,060,080,100,120,140,160,180,200,220,240,260,280,300,320,340

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00,360.00,380,400,,420,

.00

.00

.00,440.00,460.00

2,480,,002,500.0022

,520,,540,

2,560.2,580.2,600,

.00

.00,00,00,00

2,620.002,640.002,660.002,680.002,700.2,720.2,740.

000000

186.00188.00189.00191.00193.00195.00197.00198.00200.00202.00204.00206.00207.00209.00211.00213.00215.00216.00218.00220.00222.00224.00225.00227.00229.00231.00233.00234.00236.00238.00240.00242.00243.00245.00247.00

227229231234236238240

.00

.00

.00

.00

.00

.00

.00242.00245.00247249251,

.00

.00

.00253.00256.00258.00260.00262.00264.00267,269.271,273.275.278.280.282.284.286.289.291.293.295.297.300.302.

.00,00,00,00,000000,00,000000000000000000

413417420425429433437440445449453457460465469

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00473.00477.480,

.00

.00485.00489.00493,497.

,00.00

500.00505,509.513.517.

,00.00.00,00

520.00525.00529. 00533.00537.540.545.549.

00000000

$ $ $ $ $Wages

By Ihe By the TotalEmployee Employer Contributions


[3rd Schedule]

70 ACT 452


2,760,,012,780.012,800,2,820,2,840,2,860,2,880,2,900,2,920,2,940,2,960,2,9803,000,3,020,3,040,3,060,3,080,

,01.01.01.01.01.01.01.01.01.01.01.01.01.01.01

3,100.013,120,3,140,3,160,3,180,3,200,3,220.3,240.3,260.3,280.3,3003,320.3,340,3,360,3,380,3,400,3,420.3,440.

.01

.01

.01

.01

.01

.01

.01

.01

.01

.01

.01

.01,01.01,01,01,01

tototototototototo10

tototototototo10

toto10

to10

to10

10

tototo10

10

10

10

10

10

2,780,2,800,2,820.2,840,2,860.2,880.2,900,2,920.2,940.2,960.2,980.3,000,3,020.3,040.3,060,3,080.3,100,3,120.3,140.3,160.3,180,3,200,3,220.3,240.3,260.3,280.3,300.

,00,00,0000,00.00.0000,00.00.00.00,00,00,00,00,00.00,00,00,00,00.0000,00,00,00

3,320.003,340.3,360.3,380.3,400,3,420,3,440.3,460.

.00

.00

.00

.00

.00,00.00

251,252.254.256.258.260.261.263.265.267.269,270,272.274.276.278.279.281,283.285.287.288.290,292.294.296.297.299.301.303.305.306.308.310.312.

,00,000000,00,00,0000,0000,00,000000,00,00,00,00000000000000000000,00000000,00000000

306.308.311.313.315,317,319,322.324,326.328,330,333,335.337.339,341,334,346.348.350.352.355.357.359.361.363.

.00,00,00.00,00,00.00,00,00,00.00.00,00,00,00,00.00.000000,00,00,0000000000

366.00368.370.372.374.377.379.381.

.00,00,00.00,00,0000

553.00557,560,565.569,573.577,580.585.589.593.597,600.605.609.613,617.620,625.629.633.637.640.645.649.653.657.660.665,669.673.677.680.685.689.693.

,00.00,00,00,00.00.0000,00,00.00.00000000,00,00,0000000000,0000000000,00000000Ot)00r-o00

$ $ $ $ $

Wages




[3rd Schedule]

From 3,460.01 to 3,480.00 314.00 383.00 697.00FromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFrom

3,480.013,500.013,520.013,540.013,560.013,580.013,600.013,620.013,640.013,660.013,680.013,700.013,720.013,740.013,760.013,780.013,800.013,820.013,840.013,860.013,880.013,900.013,920.013,940.013,960.013,980.014,000.014,020.014,040.014,060.014,080.014,100.014,120.014,140.014,160.01


33333333333333333333333334444444444

,500,520,540,560,580,600

.00

.00

.00

.00

.00

.00,620.00,640,660,,680,700,,720,

.00

.00

.00

.00

.00,740.00,760.00,780.00,800.00,820,,840,,860.,880,

,00.00.00,00

,900.00,920,,940.,960.,980.,000.,020.,040.,060.,080.,100.,120.,140.,160.,180.

,00,00,00,00,00,00,0000000000000000

315317319321323324326328330332333335337,339341

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00342.00344.00346.00348,350,

.00

.00351.00353.00355.00357.359.360.362.364,366.368.369.371.373.375.377.

.00

.00

.00,00,00,00000000000000

385388390392394396

.00

.00

.00

.00

.00

.00399.00401403405407410,412,

.00

.00

.00

.00

.00

.00414.00416.00418.00321.00423.00425.427,

,00,00

429.00432,434.436.438.440.

.00,00.00,00,00

443.00445.00447.00449.451.454.456.458.460.

000000000000

700705709713717720725729733737740745749753757760765

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00769.00773.00777, .00780.00785.00789.793.797.800.805.809.813.

.00

.00

.00

.00,00,00,00

817.00820J30825.829.833.837.

00000000

$ $ $ $ $Wages

By the By the TolalEmployee Employer Contributions


[3rd Schedule]

72 ACT 452


4444444444444

,200.01,220.01,240.01,260.01,280.01,300.01,320.01,340.01,360.01,380.01,400.01,420.01,440.01

4,460.01444444444444444444444

,480.01,500.01,520.01,540.01,560.01,580.01,600.01,620.01,640.01,660.01,680.01,700.01,720.01,740.01,760.01,780.01,800.01,820.01,840.01,860.01,880.01


4,220.004,2404,2604,280

.00

.00

.004,300.004,320 .004,340.004,360.004,3804,400

.00

.004,420.004,440.004,460.004,4804,5004,520

.00

.00

.004,540.004,5604,5804,6004,6204,640,4,660,4,680,4,700,4,720.4,740.4,760.4,7804,800.

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.004,820.004,840,4,860,4,880.4,900.

,00,00,00,00

380382384386387389391393395396398400402404405407409411413414416418,420422423425.427.429,431423,434,

436438,440.441.

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

465467469471473476478480482484487489491493495498500502504506509511513515517520,522,524,526528,531533535537539

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

840.00845849853857860865869873877880885889893897900905909913917920925929933937940945949953957960965969973977980.

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00,00.00.00.00.00 .00.00.00.00

$ $ $ $ $Wages


AMOUNT OF WAGES FOR RATE OF CONTRIBUTIONSTHE MONTH FQR THE MONTH

[3rd Schedule]


From 4,900.01 to 4,920.00 443.00 542.00 985.00FromFromFromFromFromFromFromFromFromFromFromFromPrornFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFrom

4,920.014,940.014,960.014,980.015,000.015,100.015,200.015,300.015,400.015,500.015,600.015,700.015,800.015,900.016,000.016,100.016,200.016,300.016,400.016,500.016,600.016,700.016,800.016,900.017,000.017,100.017,200.017,300.017,400.017,500.017,600.017,700.017,800.017,900.018,000.01


4,9404,9604,9805,0005,1005,2005,3005,4005,5005,600

.00

.00

.00

.00

.00

.00

.00

.00

.00

.005,700.005,800.005,900.006,000.006,100,.006,200.006,300.006,400.006,500.006,600.006,700.006,800.006,900.007,000.007,100.007,200.007,300.007,400.007,500.7,600.7,700.7,800.7,900.

0000000000

8,000.008,100.00

445447449450459468477486495504513522531540549,558,567,576,

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00,00.00

585.00594.00603.00612,621,630,639.648.

,00,00,00,00,00

657.00666.00675.00684.693.702.711.720.729.

000000000000

544546548550561572583594

.00

.00

.00

.00

.00

.00

.00

.00605.00616.00627.00638.00649.00660.00671.00682.00693.00704.00715.00726.00737.00748.00759.770.781.792.803.814.825.836.847.858.869.880.891.

,00,000000000000000000000000

11I11111I1

989993997

,000,020,040,060,080

.00

.00

.00

.00

.00

.00

.00

.00,100.00,120.00,140.00,160.00,180.00

1,200.001I1111111111111111111

,220.00,240.00.,260.00,280.00,300.00,320,,340,,360,,380.,400.,420.,440.,460.,480.,500.,520.,540.,560.,580.,600.,620.

,00,00,0000000000000000000000000000

$ $ $ $ $Wages

By the By the TolalEmployee Etnployer Contributions


[3rd Schedule]

74 ACT-452

[3rd Schedule]



From 8,100.01FromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromPromFromFromFromFromFromFromFromFromFromFromFromFromFromFrom

8,200.018,300.018,400.018,500.018,600.018,700.018,800.018,900.019,000.019,100.019,200.019,300.019,400.019,500.019,600.019,700.019,800.019,900.01

10,000.0110,100.0110,200.0110,300.0110,400.0110,500.0110,600.0110,700.0110,800.0110,900.0111,000.0111,100.0111,200.0111,300.0111,400.0111,500.0111,600.01

totototototototototototototototototototototototototototototototo10

tototo

888888889999999999

101010101010101010101111111111111111

,200.00,300.00,400.00,500.00,600.00,700.00,800.00,900.00,000.00,100.00,200.00,300.00,400.00,500.00,600.00,700.00,800.00,900.00,000.00,100.00,200.00,300.00,400.00,500.00,600.00,700.00,800.00,900.00,000.00,100.00,200.00,300.00,400.00,500.00,600.00,700.00

738.00747756765774783792801810819828837846855

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00864.00873882891900

.00

.00

.00

.00909.00918.00927.00936945,954,963,972,981,990.999,

1,008,1,017.1,026.1,035.1,044.1,053.

.00

.00

.00

.00,0000.00.00.00,0000000000

902.00 1,640.00913924935946957

.00

.00

.00

.00

.00968.00979990

1,0011,0121,0231,0341,045

.00

.00

.00

.00

.00

.00

.001,056.001,067.001,078.001,0891,1001,1111,1221,133,1,144,1,155.1,166,1,177,1,188.1,199.1,210.1,221.1,232,1,243.1,254.1,265.1,276.1,287.

.00

.00

.00

.00

.00

.00

.00

.00,00,000000,00000000000000

1111111111111111122222222222222222

,660.00,680,700,720,740

.00

.00.

.00

.00,760.00,780,800,820,840

.00

.00

.00

.00,860.00,880.00,900,920

.00

.00,940.00,960.00,980 .00,000.00,020,040,060,,080,,100,,120.

.00

.00

.00

.00

.00

.00, 140.00,160.00,180.,200.,220,,240,,260,,280.,300.,320

0000,0000000000oo

2,340.00

$ $ $ $ $Wages

By the By the TotaiEmployee Employer Contributions

From 11,700.01 to 11,800.00 1,062.00 1,298.00 2,360.00FromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFrom

1111121212121212121212121313131313131313131314141414141414141414151515

,800.01,900.01,000.01,100,200

.01

.01,300.01,400.01,500,,600,,700,,800,900,

.01

.01

.01

.01

.01,000.01,100.01,200.01,300.01,400.01,500.01,600.01,700.01,800.01,900.01,000.01,100.01,200.01,300.01,400.01,500, .01,600.01,700.,800.,900.,000.,100.,200.

,0101101010101


11,900.0012,000.0012,100.0012,200.0012,300.0012,400.0012,500.0012,600,12,700.12,800,12,900,13,000,13,100,

,00.00,00.00.00.00

13,200.0013,300,.0013,400.0013,500.0013,600,.0013,700.0013,800.0013,900.0014,000.0014,100.0014,200.0014,300.0014,400.0014,500.0014,600.14,700.14,800.14,900.15,000.15,100.15,200.15,300.

.00,00,00,00,00,00,00,00

1,071.001,080.001,089.001,098.001,107.001,116.001,125.001,134.1,143,1,152.1,161,1,170,1,179,

.00,00.00,00,00.00

1,188.001,197,.001,206.001,215.001,224.001,233.001,242.001,251.001,260.001,269.001,278.001, 287 .001,296.001,305.001,314,1,323.1,332.1,341.1,350.1,359.1,368.1,377.

.00,00,00.00,00,00,00,00

1,3091,3201,3311,3421,3531,3641,3751,386,1,3971,4081,4191,4301,4411,4521,4631,4741,4851,4961,5071,5181,5291,5401,5511,5621,5731,5841,5951 ,606,1,617.1,628.1,639.1,650.1,661.1 ,672.1,683.

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00,00,00,00,00,00,00,00

2,380.002,400.002,320.002,440.002,460.002,480.002,500.002,520.002,540.002,560.002,580.002,600.002,620.002,640.002,660.002,680.002,700.002,720.002,740.002,760.002,780.002,800.002,820.002,840.002,860.002,880.002,900.002,920.002,940.002,960.002,980.003,000.003,020.003,040.003,060.00

Wages


AMOUNT OF WAOES FOR RATE OF CONTRIBUTIONSTHE MONTH FOR THE MONTH

[3rd Schedule]

76 ACT 452

From 15,300.01 to 15,400.00 1,386.00 1,694.00 3,080.00FromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFromFrom

15,40015,50015,60015,70015,80015,90016,00016,10016,20016,30016,40016,500

.01

.01

.01

.01

.01

.01

.01

.01

.01

.01

.01

.0116,600.0116,70016,80016,90017,00017,10017,20017,30017,40017,50017,60017,70017,80017,90018,00018,10018,20018,30018,40018,50018,60018,70018,800

.01

.01

.01

.01

.01

.01

.01

.01

.01

.01

.01

.01

.01

.01

.01

.01

.01

.01

.01

.01

.01

.01


15,500,15,600,15,70015,800,15,900,16,000,16,100.16,200.16,300,16,400.16,500,16,600,16,700,

.00

.00

.00,00,00.00.00,00.00.00.00.00.00

16,800.0016,900,17,000.17,100.17,200.17,300.17,400.17,500.17,600.17,700,17,800,17,900,18,000,18,100,18,200.18,300.18,400.18,500.18,600.18,700.18,800,18,900,

.00

.00

.00

.00

.00

.00

.00

.00

.00,00,00.00.00.00.00.00.00,00.00,00,00

1,395.1 ,404,1,413.1,422,1,431.1,440.!,449.1,458,1,467.1,476.1,485.1,494.1,503,1,512,1,521,1,530,1,539.1,548,1,557.1,566.1,575.1,584.1,593.1,602,1,611.1,620.1,629.1,638.1,647.1,656.1,665.1,674.1,683.1,692.1,701.

.00,00.00,00.00.00,00.00,0000,00.00,00,00.00,00,00,00,00,00,0000,00,00,00,00,00000000000000,0000

1,7051,716,1,727,1,738,1,749,1,760,1,771,1,782,1,793,1,804.1,815.1,826,1,837,

.00

.00,00.00.00,00,00,00,00,00,00.00.00

1,848.001,859,1,870.1,881,1,982,1,903,1,914,1,925,1,936.1,947,1,958,1,969.1,980.1,991,2,002.2,013,2,024.2,035.2,046.2,057.2,068.2,079.

.00

.00

.00

.00

.00

.00

.00

.00,00.00.00.00.00.00,00.00.00.00.00,00.00

3,100,3,120,3,140,3,160,3,180,3,200,3,220.3,240,3,260.3,280,3,300,3,320,3,340

.00

.00

.00,00.00,00,00,00.00,00.00.00,00

3,360.003,380,3,400,3,420,3,440.3,460.3,480.3,500.3,520.3,540,3,560.3,580,3,600,3,620,3,640,3,660.3,680.3,700.3,720.3,740..,760,3,780,

.00

.00

.00

.00

.00

.00

.00

.00

.00,00,00.00.00,00.00.00,00,00,00,00,00

$ $ $ $ $Wages


[3rd Schedule]



[3rd-4th Schedule]

78 Act452



Wages

From 18,900.01 to 19,000.00 1,710.00 2,090.00 3,800.00

From 19,000.01 to 19,100.00 1,719.00 2,101.00 3,820.00

From 19,100.01 to 19,200.00 1,728.00 2,112.00 3,840.00

From 19,200.01 to 19,300.00 1,737.00 2,123.00 3,860.00

From 19,300.01 to 19,400.00 1,746.00 2,134.00 3,880.00

From 19,400.01 to 19,500.00 1,755.00 2,145.00 3,900.00

From 19,500.01 to 19,600.00 1,764.00 2,156.00 3,920.00

From 19,600.01 to 19,700.00 1,773.00 2,167.00 3,940.00

From 19,700.01 to 19,800.00 1,782.00 2,178.00 3,960.00

From 19,800.01 to 19,900.00 1,791.00 2,189.00 3,980.00

From 19,900.01 to 20,000.00 1,800.00 2,200.00 4,000.00

and for months when the wages exceed $20,000.01, the rate ofcontribution by the employee shall be $9.00 and the rate ofcontribution by the employer shall be $11.00 for every $100.00 orpart of $100.00 of the amount of wages for the month.

FOURTH SCHEDULE

(Section 43)

CONTRIBUTIONS OF A SELF-EMPLOYED PERSONAND A PENSIONABLE EMPLOYEE

The monthly contributions by a self-employed person orpensionable employee shall be a single contribution of any amountin complete ringgit of not less than twenty ringgit and notexceeding five hundred ringgit per month.

$ $ $ $ $

[5th-6th Schedule)


FlFTH SCHEDULE

(Section 58 (1))

ADDITIONAL AMOUNT PAYABLE UPON DEATH

(1) The formula for the calculation of an additional amount onthe death of a member of the Fund who dies before the age of sixtyyears shall be as follows:

Member's credit (60-age at death)x ———————————————————

at time of death 2 + [3 (age at death - ageon first becoming a member)]:

Provided however in the event that the additional amountcalculated in accordance with the formula exceeds thirty thousandringgit the additional amount payable shall be thirty thousandringgit and in the event that the additional amount calculated inaccordance with the formula is less than one thousand ringgitthe additional amount payable shall be one thousand ringgit.

(2) For the purpose of determining "age at death" the age shallbe the age in years and months at time of death and any partof a month shall be disregarded. The "age on first becoming amember" shall mean the age on the last birthday of the deceasedmember on his first becoming a member of the Fund or of anapproved fund, whichever is the earlier.

(3) In respect of a member of the Fund who dies after havingattained the age of fifty-five but before attaining the age of sixtyyears his age at death for the purpose of the formula in paragraph1 shall be deemed to be fifty-five years.

SlXTH SCHEDULE

(Section 58 (2))

ADDITIONAL AMOUNT PAYABLE UPON PHYSICALOR MENTAL INCAPACITATION

(1) The formula for the calculation of an additional amountpayable to a member of the Fund when he is physically or mentallyincapacitated from engaging in any further employment undersection 58 (2) and before he attains the age of sixty years shall beas follows:

Member's credit at (60-age at incapacitation)x ————————————————————————

time of incapacity I + [1 (age at incapacitation -age on first becoming a member)]:

Prcwided however in the event that the additional amountcalculated in accordance with the formula exceeds thirty thousand

[6th ScheduleJ

80 Acr-452

ringgit the additional amount payable shall be thirty thousandringgit and in the event that the additional amount calculated inaccordance with the formula is less than one thousand ringgit theadditional amount payable shall be one thousand ringgit.

(2) For the purposes of paragraph 1, "age at incapacitation"shall be the age in years and months at time of incapacitation andany part of a month shall be disregarded, and the "age on firstbecoming a member" shall be the age on the last birthday of theincapacitated member on his first becoming a member of the Fundor of an approved fund, whichever is the earlier.

(3) In respect of a member of the Fund who becomestncapacitated after having attained the age of fifty-five but beforeattaining the age of sixty years his age at incapacitation for thepurpose of the formula in paragraph 1 shall be deemed to be fifty-five years.

employees provident fund epf act 1991 malaysia

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