INDUSTRIAL CO-ORDINATION ACT 1975

LAWS OF MALAYSIA REPRINT Act 156 INDUSTRIAL CO-ORDINATION ACT 1975 Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006 2 Laws of Malaysia ACT 156 INDUSTRIAL CO-ORDINATION ACT 1975 Date of Royal Assent … … … … … 15 May 1975 Date of publication in the Gazette … … … 22 May 1975 PREVIOUS REPRINTS First Reprint Second Reprint … … … … … … … … … … 1983 1997 Third Reprint … … … … … 2001 Industrial Co-ordination 3 LAWS OF MALAYSIA Act 156 INDUSTRIAL CO-ORDINATION ACT 1975 ARRANGEMENT OF SECTIONS Section 1. Short title, application and commencement 2. Interpretation 3. Licence required for manufacturing activity 3A . Licensing officer to be appointed by Prime Minister 4. Application for and issue and conditions of licence 5. Existing manufacturers 6. Revocation of licence 7. Transfer of licence 7A . Variation 8. Compliance with other laws 9. Enforcement 10. Returns or other information to be furnished on being required so to do by notice in writing 11. Exemption 11A. Establishment and composition of Industrial Advisory Council 11B. Appointment of alternate member of Council 11C. Schedule to apply to Council and members 12. Rules 13. Person aggrieved may appeal to Minister whose decision shall be final 14. Continuation of licence pending appeal 15. Revocation to be published 15A. Failure to comply with or give effect to order made under section 13 to be an offence 16. Saving of existing licence 4 Laws of Malaysia ACT 156 Section 17. Power to compound certain offences 18. Person in respect of whom offence compounded not to be liable to prosecution in respect of that offence 19. Liability of certain persons for offences committed by company, partnership or body of persons 20. Service of returns or other information, notice, certificate, decision and order 21. Certificate of licensing officer to be prima facie evidence of certain matters stated therein 22. Sessions Court to have full jurisdiction SCHEDULE Industrial Co-ordination 5 LAWS OF MALAYSIA Act 156 INDUSTRIAL CO-ORDINATION ACT 1975 An Act to provide for the co-ordination a nd orderly development of manufacturing activities in Malaysia, for the establishment of an Industrial Advisory Council and for other matters connected therewith or incidental thereto. [1 May 1976, P.U. (B) 248/1976] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same as follows: Short title, application and commencement 1. (1) This Act may be cited as the Industrial Co-ordination Act 1975, and shall apply throughout Malaysia. (2) This Act shall come into force on such date as the Minister may by notification in the Gazette appoint. Interpretation 2. In this Act, unless the context otherwise requires— “Council” means the Industrial Advisory Council established under section 11A; “licence” means a licence issued under this Act to engage in any manufacturing activity; “licensing officer” means any public officer appointed to be a licensing officer under section 3A; “manufacturer” means a person who is engaged in any manufacturing activity; “manufacturing activity” with its grammatical variations and cognate expressions means the making, altering, blending, ornamenting, finishing or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or 6 Laws of Malaysia ACT 156 disposal and includes the assembly of parts and ship repairing but shall not include any activity normally associated with retail or wholesale trade; “Minister” means the Minister charged with the responsibility for industrial development; “product” means any article, thing, substance or service produced as a result of any manufacturing activity and includes a range of products. Licence required for manufacturing activity 3. (1) No person shall engage in any manufacturing activity unless he is issued a licence in respect of such manufacturing activity. (2) Any person who fails to comply with subsection (1) is guilty of an offence and is liable on conviction to a fine not exceeding two thousand ringgit or to a term of imprisonment not exceeding six months and to a further fine not exceeding one thousand ringgit for every day during which such default continues. Licensing officer to be appointed by Prime Minister 3A. The Prime Minister may appoint any public officer to be a licensing officer for the purposes of this Act and any such appointment made prior to the coming into force of this section shall, upon such coming into force, be deemed to have been made under this section. Application for and issue and conditions of licence 4. (1) An application for a licence shall be made in the prescribed form to the licensing officer. (2) One application may be made for one or more products manufactured in one or more places of manufacturing activity but a separate licence shall be issued for each place of manufacturing activity. (3) The licensing officer shall, in deciding whether an application for a licence should be approved or refused, consider whether the issue of a licence is consistent with national economic and social objectives and would promote the orderly development of manufacturing activities in Malaysia. Industrial Co-ordination 7 (4) The licensing officer in issuing a licence, may, in furtherance of the aforesaid objectives impose such conditions as he may think fit and such conditions may be varied on the application of the manufacturer or on the licensing officer’s own motion after consultation with the manufacturer in respect of whom the conditions in the licence are to be varied. (5) Every licence issued shall be in the prescribed form and shall be subject to such fee as may be prescribed. Existing manufacturers 5. Every person who on the commencement of this Act is engaged in any manufacturing activity may continue to do so but shall not later than one year from the date of the commencement of this Act apply for a licence in the prescribed form to the licensing officer. Revocation of licence 6. (1) The licensing officer may in his discretion revoke a licence if the manufacturer to whom a licence is issued— (a) has not complied with any condition imposed in the licence; (b) is no longer engaged in the manufacturing activity in respect of which the licence is issued; or (c) has made a false statement in his application for the licence. (2) Before exercising his power to revoke a licence the licensing officer may call upon the manufacturer to show within such period as may be prescribed due cause why his licence should not be revoked. (3) The licensing officer may withhold or suspend the revocation of a licence if he is satisfied that the act or omission on the part of the manufacturer under subsection (1) was due to some cause beyond his control and there is a reasonable prospect of such act or omission being remedied within such period as the licensing officer may direct. Transfer of licence 7. (1) No licence shall be transferable from a manufacturer to any person without the prior approval of the licensing officer. 8 Laws of Malaysia ACT 156 (2) Without prejudice to subsection (1) the licensing officer may in the event of the death, incapacity, bankruptcy, or, in the case of a company, liquidation of the holder of a licence, or where a receiver or manager is appointed in relation to the business of the holder of a licence, or where for any reason the licensing officer is satisfied it would be unjust not to do so authorize the transfer of the licence. (3) An application for the transfer of a licence shall be made in writing to the licensing officer. Variation 7A. (1) A manufacturer shall not manufacture any product other than those specified in a licence without the prior approval of the licensing officer. (2) A manufacturer may suspend or discontinue the manufacture of a product that is specified in a licence after notifying the licensing officer in writing of his intention to do so. (3) An application for an approval under subsection (1) shall be made in writing to the licensing officer. Compliance with other laws 8. The issue of a licence shall not be deemed to relieve the manufacturer to whom a licence is issued from compliance with any other written law relating to the manufacturing activity for which the licence is issued. Enforcement 9. (1) The Minister may authorize in writing any public officer to exercise the powers under this section. (2) In exercising any of the powers under this section the authorized officer shall on demand produce to the person against whom he is acting under this Act or any rule made thereunder the authority issued to him by the Minister. (3) Wherever it appears to any Magistrate upon written information on oath and after any enquiry which he may think necessary that there is reasonable cause to believe that in any building or place Industrial Co-ordination 9 there is manufactured, concealed, deposited or kept any product, manufacturing equipment or other thing in respect of which an offence against this Act or any rule made thereunder has been committed, he may issue a warrant authorizing any authorized officer named therein by day or night and with or without assistance to enter such building or place and there search for and seize any product, manufacturing equipment or other thing in respect of which any such offence is suspected to have been committed and may also seize any book or document which may reasonably be believed to contain information as to any offence so suspected of having been committed. (4) Wherever it appears to any authorized officer that there is a reasonable cause to believe that in any building or place there is manufactured, concealed, deposited or kept any product, manufacturing equipment or other thing in respect of which an offence against this Act or any rule made thereunder has been committed and if he has reasonable grounds for believing that by reason of the delay in obtaining a search warrant, such product, manufacturing equipment or other thing is likely to be removed, such officer may exercise in or upon or in respect of such building or place all the powers mentioned in subsection (3) as if he were authorized to do so by a warrant issued under that subsection. (5) Every authorized officer who is exercising his power under subsection (4) shall, before exercising such power, obtain the written approval of the Minister. (6) Any person who obstructs or impedes any authorized officer in the lawful exercise of any of his powers under this Act or under any rule made thereunder is guilty of an offence and is liable to a fine of five hundred ringgit or to imprisonment for a term not exceeding six months or to both. Returns or other information to be furnished on being required so to do by notice in writing 10. (1) The licensing officer may by notice in writing require any manufacturer to furnish him or the Department of Statistics or both, within such time as may be specified in the notice, with returns or other information pertaining to any manufacturing activity of the manufacturer but the manufacturer shall not be required to furnish information which would disclose any secret manufacturing process or other trade secret. 10 Laws of Malaysia ACT 156 (2) Any manufacturer who— (a) fails to furnish within the specified time any return or other information required under subsection (1) is guilty of an offence and is liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding three months or to both and he is also liable to a further fine not exceeding five hundred ringgit for every day during which such default continues; or (b) furnishes any retu