MALAYSIA PRODUCTIVITY CORPORATION (INCORPORATION) ACT 1966

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 408 MALAYSIA PRODUCTIVITY CORPORATION (INCORPORATION) ACT 1966 As at 1 April 2012 2 MALAYSIA PRODUCTIVITY CORPORATION (INCORPORATION) ACT 1966 First Enacted … … … 1966 (Act No. 19 of 1966) Revised … … … 1989 (Act 408 w.e.f 14 December 1989) Latest amendment made by Act A1329 which came into operation on … … … 21 February 2008 PREVIOUS REPRINTS First Reprint … … … 2001 Second Reprint … … … 2006 4 LAWS OF MALAYSIA Act 408 MALAYSIA PRODUCTIVITY CORPORATION (INCORPORATION) ACT 1966 ARRANGEMENT OF SECTIONS Section 1. Short title and application 2. Interpretation 3. Establishment of the Corporation 3A. Alternate members 4. Terms of appointment of Chairman and members 5. Appointment of Board of Management and other officers 5A. Discipline of officers and servants 5B. Corporation may appoint committees 5C. Imposition of surcharge 5D. Notification of surcharge 5E. Withdrawal of surcharge 5F. Recovery of surcharge 6. Direction of policy by the Minister 7. Functions of the Corporation 7A. Power to employ agents 7B. Consultative panels Section 7C. Power to transfer or dispose of activity, duty or function 8. Borrowing powers 9. Fees 10. Establishment of Fund 11. Duties of the Corporation to conserve the Fund 12. Expenses to be paid from the Fund 13. Deposit and investment of the Fund 14. Expenditure and preparation of estimates 14A. Statutory Bodies (Accounts and Annual Reports) Act 1980 to apply 15. Accounts and audit 16. Annual report 17. Application of Penal Code and obligation of secrecy 18. Regulations 19. Power of Minister to amend the Schedule SCHEDULE 6 LAWS OF MALAYSIA Act 408 MALAYSIA PRODUCTIVITY CORPORATION (INCORPORATION) ACT 1966 An Act to establish a body corporate to be called the Malaysia Productivity Corporation and to provide for matters connected therewith. [1 March 1966] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: Short title and application 1. (1) This Act may be cited as the Malaysia Productivity Corporation (Incorporation) Act 1966. (2) This Act shall apply throughout Malaysia. Interpretation 2. In this Act, unless the context otherwise requires— “Corporation” means the Malaysia Productivity Corporation established under subsection 3 (1); “Director General” means the executive officer appointed under subsection 5(1); “Minister” means the Minister charged with the responsibility for industrial development. Malaysia Productivity Corporation (Incorporation) 7 Establishment of the Corporation 3. (1) There is hereby established a body corporate which shall be known by the name of The Malaysia Productivity Corporation with perpetual succession and a common seal, and power to acquire and hold movable or immovable property and dispose thereof or otherwise deal therewith. (2) The Schedule to this Act shall have effect with respect to the Corporation. (3) The Corporation shall consist of the following members: (a) Chairman; (b) the Director General; (c) a representative of the Ministry of International Trade and Industry who shall be the Deputy Chairman; (d) a representative of the Economic Planning Unit of the Prime Minister’s Department; (e) a representative of the Ministry of Human Resources; (f) a representative of the Treasury; (g) a representative of the Ministry of Agriculture; (h) a representative of an institution higher learning; (i) at least three but not more than seven representatives from the private sector; (j) a representative from the association of employers; and (k) a representative from any association representing employees. (4) The members mentioned in subsection (3) other than the Director General shall be appointed by the Minister. (5) The members mentioned in subsection (3) may elect from amongst themselves a temporary Chairman to preside over any meetings of the 8 Laws of Malaysia ACT 408 Corporation during the temporary incapacity from illness, or temporary absence from Malaysia, of the Chairman and Deputy Chairman. (6) A member of the Corporation, other than the Director General, shall, unless his appointment is sooner resigned or revoked, hold office for such period not exceeding three years as may be specified in the instrument appointing him, and shall be eligible for reappointment. Alternate members 3A. (1) The Minister shall, in respect of each member of the Corporation specified in paragraph 3(3)(c) to (g), appoint one person from the same Ministry or department as that member to be an alternate member to attend, in place of the member, meetings of the Corporation that the member is for any reason unable to attend. (2) When attending meetings of the Corporation, an alternate member shall for all purposes be deemed to be a member of the Corporation. (3) An alternate member shall, unless he sooner resigns his membership, or his appointment is sooner revoked, cease to be an alternate member when the member for whom he is an alternate member ceases to be a member. Terms of appointment of Chairman and members 4. (1) The Chairman of the Corporation shall be appointed upon such terms and conditions as the Minister may determine. (2) There may be paid to the members of the Corporation such fees and allowances as the Minister may determine. Appointment of Board of Management and other officers 5. (1) The Corporation― (a) shall, with the approval of the Minister, appoint an executive officer who shall be the Director General; Malaysia Productivity Corporation (Incorporation) 9 (b) may appoint such other officers as may be necessary on such terms and conditions as it thinks fit, to the Board of Management which shall be responsible for the day to day administration and management of the affairs of the Corporation and which shall perform such duties and exercise such powers as may be delegated to it by the Corporation. (1A) The Corporation may appoint, on such terms and conditions as it thinks fit, such other officers and servants as it may consider necessary for carrying out the purposes of this Act. (2) The Corporation may with the approval of the Minister make rules― (a) for or in respect of the salaries, allowances and conditions of service of its officers and servants generally; (b) for the establishment and management of a contributory provident fund for the Director General, officers and servants appointed under this section; (c) for the payment of pensions, allowances or gratuities to the Director General, officers and servants on retirement or otherwise ceasing to hold office as such Director General, officers or servants; (d) for the making of loans to officers and servants for the purchase of bicycles, motor cycles and motor cars and for any other purpose approved by the Minister; (e) for the discipline of the officers and servants which may include― (i) provisions for the interdiction with reduction in salary or in other remuneration, or for the suspension without salary or other remuneration, of an officer or servant during the pendency of disciplinary proceedings; (ii) the creating of such disciplinary offences and providing for such disciplinary punishments as the Corporation may deem appropriate, and the punishments so provided may extend to dismissal or reduction in rank; and 10 Laws of Malaysia ACT 408 (iii) the procedure for disciplinary proceedings, which should provide an opportunity for representations to be made by an officer or servant against whom disciplinary proceedings are taken before a decision is arrived at by the disciplinary authority on the disciplinary charge to be laid against such officer or servant. Discipline of officers and servants 5A. (1) There shall be a Disciplinary Committee of the Corporation which shall consist of― (a) two members to be elected by and from the members of the Corporation, one of whom shall be elected chairman; and (b) the Director General appointed under subsection 5(1). (2) The disciplinary authority in respect of every officer and servant of the Corporation other than the Director General shall be the Disciplinary Committee of the Corporation established under subsection (1). (3) The Disciplinary Committee in respect of the Director General shall consist of the Chairman of the Corporation as chairman and two members to be elected by and from the members of the Corporation. (4) The Director General shall not be a member of the Disciplinary Committee in any proceedings before it in which he is the complainant; his place shall be taken by a member to be elected by and from the members of the Corporation. (5) In the exercise of its disciplinary functions, the Disciplinary Committee shall have the power to impose such disciplinary punishment as may be provided for under any rules that may be made under section 5. (6) The Disciplinary Committee may, subject to subsection (7), delegate any of its disciplinary functions, powers or duties to any committee of officers or servants of the Corporation, in respect of any particular officer or servant of the Corporation, or in respect of any class or category of officers or servants of the Corporation, and the committee delegated with such functions, powers or duties shall carry out, exercise or discharge them under Malaysia Productivity Corporation (Incorporation) 11 the direction and control of the Disciplinary Committee which shall have the power to review, rescind or vary any decision or finding of such committee. (7) No delegation shall be made under subsection (6) so as to enable an officer or servant of the Corporation to be a member of a committee which may exercise any disciplinary authority over an officer or servant who is superior to him in rank. (8) Any officer or servant of the Corporation who is dissatisfied with the decision of the Disciplinary Committee or of any committee delegated with functions, powers or duties under subsection (6) may, within fourteen days, appeal in writing against such decision to the Corporation which may thereupon affirm, reverse or give such directions on the matter as it deems fit and proper. (9) The decision of the Corporation upon such appeal shall be final. Corporation may appoint committees 5B. (1) The Corporation may appoint committees for any purpose arising out of or connected with any of its powers, duties and functions under this Act; any committee so appointed shall include not less than one member of the Corporation and there may be appointed to such committee such other persons as the Corporation may think fit. (2) The committee so appointed shall regulate its own procedure. (3) Any committee so appointed shall conform to any instructions from time to time given to it by the Corporation, and the Corporation may at any time discontinue or alter the constitution of any committee so appointed. (4) There may be paid to members of any committee such remuneration or allowances as the Corporation may from time to time determine with the approval of the Minister. (5) The committee may invite any person who, in its opinion, is possessed of special knowledge of advantage to it, to attend any meeting of the committee and the person so invited shall not be entitled to vote at any such meeting. (6) The committee shall report its recommendations to the Corporation. 12 Laws of Malaysia ACT 408 Imposition of surcharge 5C. If it appears to the Corporation that any of person who is or was in the employment of the Corporation― (a) has failed to collect moneys owing to the Corporation for the collection of which he is or was responsible; (b) is or was responsible for any improper payment of moneys from the Corporation or for any payment of such moneys which is not duly vouched; (c) is or was responsible for any deficiency in, or for the destruction of, any mo