POPULATION AND FAMILY DEVELOPMENT ACT 1966

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 352 POPULATION AND FAMILY DEVELOPMENT ACT 1966 As at 1 August 2013 2 POPULATION AND FAMILY DEVELOPMENT ACT 1966 First enacted … … … … … 1966 (Act 42 of 1966) … … … … … 1988 (Act 352 w.e.f. 3 November 1988) Latest amendment made by Act A1280 which came into operation on … … … … 8 February 2007 Revised PREVIOUS REPRINTS First Reprint ... ... ... ... ... 2001 Second Reprint ... ... ... ... ... 2006 3 LAWS OF MALAYSIA Act 352 POPULATION AND FAMILY DEVELOPMENT ACT 1966 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Interpretation PART II THE BOARD 3. Establishment of the Board 3A. Functions of the Board 3B. Powers of the Board 3C. Additional powers of the Board 4. Membership of the Board 4A. Tenure of office 4B. Alternate members 4C. Executive Committee 4D. Temporary exercise of functions of Chairman 4E. Revocation and resignation 4F. Vacation of office 4G. Non-liability of members of Board 4 Laws of Malaysia Section 5. (Deleted) 6. Delegation of powers PART IIA DIRECTOR GENERAL, OFFICERS AND SERVANTS OF THE BOARD 7. Appointment of Director General 7A. Appointment of officers and servants PART III FUNDS, ACCOUNTS AND EXPENSES OF THE BOARD 8. The Fund 8A. Expenditure to be charged on the Fund 9. Accounts 9A. Statutory Bodies (Accounts and Annual Reports) 9B. Annual estimates 9C. Annual report PART IV OTHER POWERS AND FUNCTIONS OF THE BOARD 10. Power to borrow 11. Investment 12. Grants 13. Power to employ agents, etc. PART V MISCELLANEOUS 14. Members deemed to be public servants 15. General directions by Minister ACT 352 Population and Family Development Section 16. Regulations 17. Public Authorities Protection Act 1948 18. Power to amend Schedules FIRST SCHEDULE SECOND SCHEDULE 5 7 LAWS OF MALAYSIA Act 352 POPULATION AND FAMILY DEVELOPMENT ACT 1966 An Act to establish and incorporate the National Population and Family Development Board and to provide for matters incidental thereto. [1 June 1966, P.U. 227/1966] 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: PART I PRELIMINARY Short title and application 1. (1) This Act may be cited as the Population and Family Development Act 1966. (2) This Act shall apply throughout Malaysia. Interpretation 2. In this Act― “Board” means the National Population and Family Development Board established under section 3; 8 Laws of Malaysia ACT 352 “Chairman” means the Chairman of the Board appointed under paragraph 4(a); “Deputy Chairman” means the Deputy Chairman of the Board appointed under paragraph 4(a); “Director General” means the Director General of the Board appointed under section 7; “Fund” means the National Population and Family Development Fund established under section 8; “Minister” means the Minister charged with the responsibility for population and family development. PART II THE BOARD Establishment of the Board 3. (1) There is hereby established a Board to be known by the name “the National Population and Family Development Board” (hereinafter in this Act referred to as “the Board”) which shall be a body corporate with perpetual succession and a common seal and the Board is hereby empowered for the purposes of this Act to sue and be sued, to enter into contacts and in respect of movable and immovable property and interest in movable and immovable property of every description, acquire, purchase and take such property and interest for public or social purposes and hold, enjoy, convey, assign, surrender, yield up, charge, mortgage, demise, reassign, transfer or otherwise dispose of, or deal with, such property and interest vested in the Board. (2) The First Schedule to this Act shall have effect with respect to the Board. Population and Family Development 9 Functions of the Board 3A. The functions of the Board shall be― (a) to advise the Government on matters relating to policies and programmes on population, family development and human reproduction; (b) to plan, implement and co-ordinate population, family development and human reproduction programmes and activities; (c) to disseminate knowledge and educate and promote positive behaviour on population, family development and human reproduction; (d) to be responsible for the training of persons involved in population, family development and human reproduction work; (e) to provide for the training of trainers in the areas of population, family development and human reproduction through skills development, continuing education, networking, technical co-operation among countries and sharing of information communication technology and technical resources; (f) to be responsible in identifying and promoting research needs and priorities, and conducting research as well as studies on population, family development and human reproduction, including medical and biomedical studies; (g) to provide services based on current and emerging needs due to changes affecting population, family development and human reproduction; (h) to establish and maintain an ongoing monitoring and evaluation system by means of which it will be possible from time to time to assess the effectiveness of the 10 Laws of Malaysia ACT 352 programme and the progress towards the attainment of national objectives; and (i) to do such other things as it considers fit to enable it to perform its functions effectively or that are incidental to the performance of its functions. Powers of the Board 3B. (1) The Board shall have power to do all things expedient or reasonably necessary for or incidental to the performance of its functions. (2) Without prejudice to the generality of subsection (1), the powers of the Board shall include the power— (a) to establish branch offices of the Board in any of the States or Federal Territories as the Board deems fit; (b) to establish such Councils and committees as it considers necessary or expedient to assist in the performance of its functions under this Act; (c) to impose fees or any other charges as it deems fit for giving effect to any of its functions or powers; (d) to grant advances, loans, bursaries and scholarships, to any persons, officers and servants of the Board for purposes of manpower needs of the organization on such terms and conditions as the Board may determine; (e) to collaborate and co-operate with relevant government agencies, non-governmental organizations, private sector, international agencies and any individual in the planning, development and implementation of programmes, activities and services; and Population and Family Development 11 (f) to do such other things as it deems fit to enable it to perform its functions and powers effectively. Additional powers of the Board 3C. (1) The Board may, with the approval of the Minister and the consent of the Minister of Finance― (a) where it appears requisite, advantageous or convenient for or in connection with the discharge of the functions, exercise of the powers and carrying on of the activities of the Board, enter into equity participation, partnership, joint venture, undertaking or any other form of cooperation or arrangement in association, or otherwise, with― (i) an enterprise, a company, or a private undertaking constituted for the carrying on of business in Malaysia or elsewhere; (ii) the Federal Government or any State Government; (iii) any statutory authority; or (iv) a commission; (b) establish or promote the establishment of companies under the Companies Act 1965 [Act 125], to carry on or engage in any activity which has been planned or is being undertaken by the Board; or (c) by order published in the Gazette, establish a corporation, by such name as the Board deems fit, to carry out and have the charge, conduct and management of any project, scheme or enterprise which has been planned or undertaken by the Board in the performance of its functions, the exercise of its powers or the discharge of its duties. 12 Laws of Malaysia ACT 352 (2) The provisions of the Second Schedule shall apply to every corporation established by the Board under paragraph (c). Membership of the Board 4. The Board shall consist of the following members: (a) a Chairman and a Deputy Chairman to be appointed by the Minister; (b) a Director General; (c) the Secretary General of the Ministry responsible for population and family development or his representative; (d) not more than nine members each of whom shall be a representative of any Ministry or government agency as the Minister may deem expedient; and (e) not more than nine members to be appointed by the Minister from amongst members of the public and nongovernmental organizations who possess expertise in the areas of population, family development and human reproduction. Tenure of office 4A. A member of the Board appointed under paragraphs 4(a) and (e) shall, unless he sooner resigns or vacates his office or his appointment is sooner revoked, hold office for a term not exceeding two years on such conditions as may be specified in his instrument of appointment, and is eligible for reappointment. Alternate members 4B. (1) The Minister may, in respect of each member appointed under paragraphs 4(d) and (e), appoint an alternate member to attend, Population and Family Development 13 in place of that member, meetings of the Board that that member is for any reason unable to attend. (2) When attending meetings of the Board an alternate member shall for all purposes be deemed to be a member of the Board. (3) An alternate member shall, unless he sooner resigns or his appointment is sooner revoked, cease to be an alternate member when the member in respect of whom he is an alternate member ceases to be a member of the Board. Executive Committee 4C. The Chairman, the Director General and three other members of the Board designated by the Minister after consultation with the Chairman shall comprise the Executive Committee of the Board. Temporary exercise of functions of Chairman 4D. (1) Where the Chairman is for any reason unable to perform the functions of the Chairman or during any period of vacancy in the office of the Chairman, the Deputy Chairman shall perform the functions of the Chairman. (2) If at any meeting of the Board neither the Chairman nor the Deputy Chairman is present or if a meeting is held during any period of vacancy in the offices of the Chairman and Deputy Chairman, the members present shall elect one of the Board members appointed under paragraph 4(d) to preside at the meeting. Revocation and resignation 4E. (1) The appointment of any member may at any time be revoked by the Minister without assigning any reason therefor. (2) A member may at any time resign his office by a written notice addressed to the Minister. 14 Laws of Malaysia ACT 352 Vacation of office 4F. (1) The office of a member of the Board shall be vacated― (a) if he dies; (b) if there has been proved against him, or he has been convicted on, a charge in respect of― (i) an offence involving fraud, dishonesty or moral turpitude; (ii) an offence under any law relating to corruption; or (iii) any other offence punishable with imprisonment in itself only or in addition to or in lieu of a fine; (c) if he becomes a bankrupt; (d) if he is of unsound mind or otherwise incapable of discharging his duties; (e) if he absents himself from three consecutive meetings of the Board without leave of the Chairman or in the case of the Chairman, without leave of the Minister; (f) if his resignation is accepted by the Minister; or (g) if his appointment is revoked by the Minister. (2) Where any person ceases to be a member by reason of any of the provisions of this Act, another person shall be appointed in his place in