LEMBAGA PEMBANGUNAN INDUSTRI PEMBINAAN MALAYSIA ACT 1994

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 520 LEMBAGA PEMBANGUNAN INDUSTRI PEMBINAAN MALAYSIA ACT 1994 As at 1 December 2017 2 LEMBAGA PEMBANGUNAN INDUSTRI PEMBINAAN MALAYSIA ACT 1994 … … … 24 June 1994 Date of publication in the Gazette … … 7 July 1994 Latest amendment made by P.U. (A) 49/2017 which came into operation on … … … 10 February 2017 Date of Royal Assent PREVIOUS REPRINTS First Reprint … … … 2002 Second Reprint … … … 2006 Third Reprint … … … 2015 3 LAWS OF MALAYSIA Act 520 LEMBAGA PEMBANGUNAN INDUSTRI PEMBINAAN MALAYSIA ACT 1994 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title, commencement and application 2. Interpretation PART II THE LEMBAGA 3. The Lembaga 4. Functions of the Lembaga 5. Membership of the Lembaga 6. Public servants 7. Power of the Minister to give directions 8. Returns, reports, accounts and information 9. Power of the Lembaga to establish committees PART III CHAIRMAN, OFFICER, SERVANTS 10. 10. The Chairman 4 Laws of Malaysia ACT 520 Section 11. Chief Executive 12. Appointment of officers and servants of the Lembaga 13. Regulations with respect to conditions of service 14. Regulations with respect to discipline PART IV FINANCE 15. The Fund 16. Conservation of the Fund 17. Expenditure to be charged on the Fund 18. Expenditure and preparation of estimates 19. Statutory Bodies (Accounts and Annual Reports) Act 1980 to apply PART V OTHER POWERS OF THE LEMBAGA 20. Power to borrow 21. Power to grant loans 22. Investment 23. Power to employ or appoint 24. Delegation of Lembaga’s functions and powers PART VI REGISTRATION AND ACCREDITATION OF CONTRACTORS 25. Registration of contractors 25A. Accreditation of contractors 26. Register 27. Notice to require particulars 28. Penalty for failure to comply with notice Lembaga Pembangunan Industri Pembinaan Malaysia 5 Section 29. Penalty for carrying out construction works without being registered 30. Notice to stop construction works 31. Contractors are subject to this Act PART VII REGISTRATION, ACCREDITATION, CERTIFICATION AND TRAINING OF CONSTRUCTION PERSONNEL 32. Interpretation 33. Registration of construction personnel 33A. Accreditation and certification of construction site supervisor and skilled construction worker 33B. Training institution, etc. PART VIIA STANDARDS AND CODES OF PRACTICE IN THE CONSTRUCTION INDUSTRY 33C. Lembaga to certify construction materials 33D. Dealing with non-certified construction materials 33E. Notice by the Lembaga for person dealing with non-certified construction materials 33F. Codes of practice for the construction industry PART VIII LEVY 34. Imposition of levy 34A. Levy payable as civil debt due to the Lembaga 6 Laws of Malaysia PART VIIIA DUTY OF CONTRACTOR Section 34B. Duty of contractor 34C. Breach of duty by contractor 34D. Death caused by breach of duty of contractor 34E. Duty of person who manages or controls construction site PART IX ENFORCEMENT AND INVESTIGATION 35. Authorization of officers 35A. Power of investigation 35B. Authority card 35C. Search and seizure with warrant 35D. Search and seizure without warrant 35E. Examination or testing of seized construction materials, etc. 35F. Appointment of analyst 35G. Certificate of analysis 35H. Power to enter premises, etc. 35I. Search of person 35J. Access to computerized data 35K. Warrant admissible notwithstanding defects 35L. List of things seized 35M. Power to require attendance of person acquainted with case 35N. Examination of person acquainted with case 35O. Admissibility of statement in evidence 35P. Sale and disposal of seized material 35Q. Seized construction material, etc., liable to forfeiture 35R. Release of things seized 35S. Cost of holding equipment, etc., seized 35T. No cost or damages arising from seizure to be recoverable ACT 520 Lembaga Pembangunan Industri Pembinaan Malaysia Section 35U. Obstruction 35V. Power of police 35W. Additional powers PART X GENERAL 36. Obligation of secrecy 37. Power to make regulations 38. Conduct of prosecution 38A. Appearance for the Lembaga in civil proceedings 38B. Protection to the Lembaga, etc. 38C. Compounding of offences 39. General penalty 39A. Offences by body corporate, etc. 40. Power to exempt 41. Transitional and saving provision FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE FOURTH SCHEDULE 7 9 LAWS OF MALAYSIA Act 520 LEMBAGA PEMBANGUNAN INDUSTRI PEMBINAAN MALAYSIA ACT 1994 An Act to establish the Lembaga Pembangunan Industri Pembinaan Malaysia and to provide for its function relating to the construction industry and for matters connected therewith. [Part I, II, III, IV, V, IX & s. 37, 38, 39 and 40 of Part X— 1 December 1994, P.U. (B) 534/1994; Part VI & ss. 41(1) of Part X— 20 July 1995, P.U. (B) 339/1995; Part VIII & ss. 41(2) of Part X— 1 October 1995, P.U. (B) 457/1995; Part VII— 1 July 1999, P.U. (B) 227/1999] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: PART I PRELIMINARY Short title, commencement and application 1. (1) This Act may be cited as the Lembaga Pembangunan Industri Pembinaan Malaysia Act 1994 and shall come into force on such date as the Minister may, by notification in the Gazette, appoint. 10 Laws of Malaysia ACT 520 (2) This Act shall apply throughout Malaysia; however the Minister may by order suspend the operation of the whole or any of the provisions of this Act in any part of Malaysia. Interpretation 2. (1) In this Act, unless the context otherwise requires— “accreditation” means a procedure by which the Lembaga or any person authorized by it gives formal recognition that a body or person is competent to carry out a specific task relating to the construction industry; “this Act” includes any subsidiary legislation made under this Act; “member” means a member of the Lembaga including the Chairman; “construction material” means any type, size and nature of material, initial, temporary, intermediate or finished, whether manufactured locally or imported used for the purposes of construction industry; “building” means any permanent or temporary building or structure including any house, hut, shed or roofed enclosure, whether used for the purpose of human habitation or otherwise, and also any wall, roof, fence, platform, staging, gate, post, pillar, paling, frame, hoarding, slip, dock, wharf, pier, jetty, landing-stage, road or bridge, or any structure support or foundation connected to the foregoing and any other erection, as the Minister may, by order published in the Gazette, declare to be a building; “deal” means to handle, use, manufacture, supply, market, transfer, sell or buy, whether wholesale or retail, import or export; “construction industry” means the industry related to construction works, including design, manufacturing, technology, material and workmanship and services for purposes of construction; Lembaga Pembangunan Industri Pembinaan Malaysia 11 “training institution” means an institute, a place or premise providing training and other related activity for construction personnel; “construction works” means the construction, extension, installation, repair, maintenance, renewal, removal, renovation, alteration, dismantling, or demolition of— (a) any building, erection, edifice, structure, wall, fence or chimney, whether constructed wholly or partly above or below ground level; (b) any road, harbour works, railway, cableway, canal or aerodrome; (c) any drainage, irrigation or river control works; (d) any electrical, mechanical, water, gas, petrochemical or telecommunication works; or (e) any bridge, viaduct, dam, reservoir, earthworks, pipeline, sewer, aqueduct, culvert, drive, shaft, tunnel or reclamation works, and includes— (A) any works which form an important and integral part of or are preparatory to or temporary for the works described in paragraphs (a) to (e), including site clearance, soil investigation and improvement, earth-moving, excavation, laying of foundation, site restoration and landscaping; or (B) procurement of construction materials, equipment or workers, necessarily required for any work described in paragraphs (a) to (e); “Chief Executive” means the Chief Executive appointed under section 11; 12 Laws of Malaysia ACT 520 “codes of practice” means any code, guideline, standard, rule, specification or approved practice of the Lembaga; “contractor” means a person who carries out or completes or undertakes to carry out or complete any construction works; “registered contractor” means a contractor registered in accordance with this Act; “Fund” means the fund established under section 15; “training” includes preparing or undergoing certain process to upgrade a person’s skill and knowledge in relation to construction industry; “Lembaga” means the Lembaga Pembangunan Industri Pembinaan Malaysia established under section 3; “Minister” means the Minister for the time being charged with the responsibility for matters relating to works; “construction workmanship” means the technique, method or process of construction, which includes the end product of the construction works; “authorized officer” means— (a) an officer of the Lembaga authorized under section 35; or (b) a police officer not below the rank of Inspector under section 35V; “general construction worker” means any employee or class of employee who is not skilled and who is engaged in manual work; “skilled construction worker” means any employee possessing the accepted level of skill, knowledge, qualification and experience of one or more of the trades as determined by the Lembaga and listed in the Third Schedule; Lembaga Pembangunan Industri Pembinaan Malaysia 13 “semi-skilled construction worker” means any employee possessing the accepted level of skill, knowledge, qualification and experience of one or more of the trades as determined by the Lembaga; “certification” means a procedure by which the Lembaga or any person authorized by it gives written assurance that a process, practice or service conforms with specified requirements; “Chairman” means the Chairman of the Lembaga appointed under section 5; “Manager” means any officer of the Lembaga who holds the position equivalent to Grade 41 and above in the Government service; “construction project manager” means any employee possessing the accepted level of skill, knowledge and experience as may be determined and who is assigned to the construction site or any other such place to organize, plan, control and co-ordinate the construction works from the inception to completion; “construction site supervisor” means any employee possessing the accepted level of skill, knowledge and experience who is assigned to a construction site or any other such place to supervise the construction works; “construction personnel” means— (a) general construction workers; (b) semi-skilled construction workers; (c) skilled construction workers; (d) construction site supervisors; (e) construction project managers; and 14 Laws of Malaysia ACT 520 (f) any other employee in construction industry as may be determined by the Lembaga; “registered construction personnel” means a construction personnel registered or certified in accordance with this Act; “Industrialised Building System or IBS” means the technique of construction whereby components are manufactured in a controlled environment, either at site or off-site and subsequently transported, positioned and assembled into construction works; “standards” has the same meaning as that assigned to it in the Standards of Malaysia Act 1996 [Act 549] and the National Skills Development Act 2006 [Act 652]; and “company” has the same meaning as that assigned