NATIONAL SKILLS DEVELOPMENT ACT 2006

LAWS OF MALAYSIA Reprint Act 652 National Skills Development Act 2006 Incorporating all amendments up to 1 July 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  Act 652 Laws of Malaysia National Skills Development Act 2006 Date of Royal Assent ... ... ... … … … 15 June 2006 Date of publication in the Gazette … … 29 June 2006 National Skills Development laws of malaysia Act 652 national skills development act 2006 ARRANGEMENT OF sections Part I PRELIMINARY Section 1. Short title and commencement 2. Interpretation Part II NATIONAL SKILLS DEVELOPMENT COUNCIL 3. Establishment of the Council 4. Functions of the Council 5. Membership of the Council 6. Deputy Chairman 7. Secretary 8. Committees 9. Appointment, reappointment, revocation and resignation 10. Members to devote time to Council 11. Vacation of office 12. Meetings 13. Council may invite others to meetings 14. Remuneration or allowance 15. Minutes 16. Procedure   Laws of Malaysia Act 652 Part III APPOINTMENT OF OFFICERS Section 17. Appointment of officers 18. Delegation of powers 19. Powers of the Minister to give direction Part IV THE NATIONAL OCCUPATIONAL SKILLS STANDARDS 20. Establishment of Standards 21. Review and variation of Standards 22. Use of National Occupational Skills Standards Part V ACCREDITATION 23. Criteria for accreditation 24. Application for accreditation 25. Power to grant or refuse application 26. Certificate of accreditation 27. Application for renewal of accreditation 28. Powers to impose conditions 29. Suspension or revocation of certificate of accreditation 30. Notice of suspension or revocation of the certificate of accreditation Part VI APPEALS 31. Appeal 32. Power of Minister on appeals 33. Decision of Minister on appeals National Skills Development  Part VII CERTIFICATE AND RECOGNITION Section 34. Award of Certificate 35. Requirements to be met before Certificate can be awarded 36. Recognition of other skills qualifications Part VIII INSPECTION OF SKILLS TRAINING PROVIDER 37. Inspector 38. Inspection to be made from time to time 39. Power to inspect skills training provider Part IX ENFORCEMENT AND INVESTIGATION 40. Enforcement officer 41. Power of enforcement officer 42. Powers of examination 43. Production of documents, etc. 44. Seizure of documents, etc. 45. Application for a search warrant 46. Power of Magistrate to issue a search warrant 47. Power to enter premises without warrant or notice 48. Search and seizure without warrant 49. Power to seal 50. Production of authority card 51. No entitlement as to costs on proceedings, damages or other relief, etc. Part X OFFENCES AND PENALTIES 52. Enrolment of trainees without certificate of accreditation 53. Prohibition on advertisement, etc.  Laws of Malaysia Act 652 Section 54. Control of advertisement 55. Offences and penalties relating to certification 56. Penalty for contravening conditions 57. Offences and penalties relating to applications made under the Act 58. Offences and penalties relating to certificate of accreditation 59. Offences relating to inspection, enforcement and investigation 60. General penalty 61. Penalty in the case of a continuing offence 62. Offences by body corporate, etc. 63. 64. Responsibility of skills training provider for offences committed by members of board of directors, officers, employees or agents Compounding of offences 65. Institution of prosecution 66. Presumption Part XI GENERAL 67. Recognition of the Certificate 68. Public servants 69. Protection against suit and legal proceedings 70. Register 71. Obligations of secrecy 72. Power to make regulations 73. Minister’s power to exempt Part XII TRANSITIONAL AND SAVING PROVISIONS 74. Accreditation of skills training programme after the coming into operation of this Act National Skills Development  laws of malaysia Act 652 national skills development act 2006 An Act to promote, through skills training, the development and improvement of a person’s abilities, which are needed for vocation; and to provide for other matters connected therewith. [1 September 2006, P.U. (B) 233/2006] ENACTED by the Parliament of Malaysia as follows: Part I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the National Skills Development Act 2006. (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette and the Minister may appoint different dates for the coming into operation of different provisions of this Act. Interpretation 2. In this Act, unless the context otherwise requires— “advertisement” means any publication, circular, notice or any oral or written communication, whether broadcast by electronic  Laws of Malaysia Act 652 medium or any other media, or any display on any signboard or other erection, structure or contrivance, or any form of electronic communications to the public for the purpose of promoting a skills training provider or training programme; “industry” means any economic activity, and includes agricultural, manufacturing and services activities; “Inspector” means any public officer appointed under section 37 to perform any duty relating to inspection and verification; “skill” means an acquired and practised ability to competently carry out a task or job; “Director General” means any public officer appointed to be the Director General of Skills Development under section 17; “curriculum” means the content of an organized programme of study undertaken by a skills training provider indicating the activities undertaken, the time allotted to each activity, and its sequence; “skills training” means work based and industry oriented activities which aim to provide the knowledge, skills and attitude required for effective and efficient performance of a task or job, and includes refresher, further, updating and specialized job-related training; “Council” means the National Skills Development Council established under section 3; “Minister” means the Minister charged with the responsibility for human resources; “enforcement officer” means any public officer appointed under section 40 to perform any duty relating to enforcement and investigation; “trainee” means a person receiving skills training provided by a skills training provider; National Skills Development  “instructor” means a person who is responsible for skills training and for guiding, supervising and evaluating a trainee’s ability to assimilate the theoretical and practical aspects of the training; “accreditation” means a procedure by which the Director General evaluates and approves a skills training programme; “skills training provider” means a body corporate, organization or other body of persons which conducts a skills training programme the primary purpose of which is to meet the requirement of the relevant Standards; “public services” means public services under Article 132(1) of the Federal Constitution; “premises” means any building or other places used for training, accommodation and other facilities for trainees and staff of the skills training provider or accredited centre, but does not include any land occupied therewith; “accredited programme” means a training programme which has been approved by the Director General; “training programme” means a group of training and assessment activities, and learning outcomes for a particular occupation; “accredited centre” means a skills training provider which has been authorized by the Director General to conduct an accredited programme leading to the award of a Certificate; “Certificate” means the skills qualification awarded to a person by the Director General under section 34; “certificate of accreditation” means a certificate granted to a skills training provider to conduct an accredited programme; “Malaysian Skills Certification System” means the policies, Standards mechanism and procedures involved in the award of a Certificate by the Director General; 10 Laws of Malaysia Act 652 “Standards” means the National Occupational Skills Standards established under Part IV of this Act; “appointed date” means the date appointed by the Minister under subsection 1(2). Part II NATIONAL SKILLS DEVELOPMENT COUNCIL Establishment of the Council 3. A body by the name of the National Skills Development Council is established. Functions of the Council 4. The functions of the Council are— (a) to approve the Standards; (b) to advise the Minister on matters pertaining to this Act; (c) to advise the Minister on any matter referred to it by the Minister; and (d) to perform such other functions as may be set out in this Act. Membership of the Council 5. (1) The Council shall consist of the following members who shall be appointed by the Minister: (a) a Chairman; (b) the Director General; (c) nine other members of whom— (i) one is a member representing the Economic Planning Unit in the Prime Minister’s Department; National Skills Development 11 (ii) one is a member representing the Public Services Department; (iii) one is a member representing the Ministry responsible for education; (iv) one is a member representing the Ministry responsible for higher education; (v) one is a member representing the Ministry responsible for human resources; (vi) one is a member representing the Ministry responsible for youth and sports; (vii) one is a member representing the Ministry responsible for entrepreneur development; (viii) one is a member representing the Ministry responsible for agriculture; and (ix) one is a member representing the Ministry responsible for public works; and (d) ten other members of whom— (i) six are members representing the private sector; (ii) one is a member representing private skills training providers; (iii) one is a member representing women’s organizations; and (iv) two are members who possess, in the opinion of the Minister, special knowledge or experience in skills training. (2) The Minister shall, in making an appointment under paragraph (1)(d), take into consideration the interest of groups and organizations concerned with skills training and shall select persons who in his opinion are likely to contribute effectively to the functions of the Council. (3) The Minister may appoint a person to be an alternate member in respect of each of the members of the Council appointed under paragraphs (1)(c) and (1)(d) to attend meetings of the Council in place of the member when the member is for any reason unable to attend. 12 Laws of Malaysia Act 652 (4) When attending meetings of the Council in place of a member, an alternate member shall for all purposes be deemed to be a member of the Council. Deputy Chairman 6. (1) The Minister shall appoint a Deputy Chairman from amongst the members of the Council. (2) The Deputy Chairman shall, during the absence of the Chairman at any meeting, preside over the meeting. Secretary 7. The Director General shall appoint a public officer from the department responsible for skills development to be the secretary to the Council. Committees 8. (1) The Council may establish such committees as it thinks necessary or expedient to assist it in the performance of its functions under this Act. (2) Members of a committee established under subsection (1) may be appointed from amongst members of the Council. (3) The Chairman of a committee established under subsection (1), shall be appointed by the Council from among its members. (4) The committee established under subsection (1) may invite any person to attend any meeting of a committee for the purpose of advising it on any matter under discussion. (5) The members of a committee and any person invited under subsection (4) may be paid such allowance as the Council may determine with the approval of the Minister. Appointment, reappointment, revocation and resignation 9. (